July 26, 2002

AZERBAIJAN MUST RETHINK ITS DRAFT BROADCAST LEGISLATION

By John Boit

A cornerstone of democracy is an independent media that is unfettered by censorship, self-censorship, and administrative harassment. Yet a draft broadcasting law in Azerbaijan now awaiting President Heidar Aliev's signature signals a step backward in the country's progress toward that goal.

The draft "Law on Television and Radio Broadcasting" passed its third reading in the Azerbaijani parliament, or Milli Mejlis, on 25 June. It is a document rife with problems.

The largest of these is that the legislation does not define clear licensing procedures for broadcasters, long a hindrance to the growth of independent broadcasters in Azerbaijan, particularly in the country's rural areas. In addition, it allows for the members of the regulatory board responsible for such licensing to be appointed by the president. That opens up the potential for favoritism to be given to stations with pro-Aliev stances during any licensing procedures, particularly leading up to the presidential election of 2003. And even lacking any blatant favoritism, it is the perception of favoritism that could damage Azerbaijan's image as a country attempting to embrace democracy.

Many rural television stations could be hurt by this legislation, as they do not currently hold official licenses. They have sought these licenses for years but were repeatedly turned down for vague reasons. As a result, rural broadcasters have been shut down in recent years under the government's assertion that these are "pirate" television stations, without taking into account their proven desire to legitimize themselves through legal norms.

But the stations were later given a partial reprieve. Following international pressure in 2001, President Aliev ordered that the rural stations be reopened until new -- and, most hoped, transparent -- licensing procedures could be set in place. The stations were then issued official frequencies but not official licenses. For the most part, the rural stations have since been allowed to operate unmolested.

Now the legislation that was supposed to set forth those procedures has arrived on the president's desk, and it is far from transparent. The president has until 20 August to sign it into law.

Already the international community is raising the alarm over the current legislative landscape. On 11 July, Freimut Duve, the representative on freedom of the media for the Organization for Security and Cooperation in Europe, stated his concern over a regulatory body whose members are appointed by the president, calling it an "apparent step backwards to state control." On 12 July, the Danish Presidency of the European Union echoed that view, stating that "the proposed non-transparent method of appointment of the membership of the National Television and Radio Council, as well as the lack of a guarantee that it will be financially and politically independent, raise a question concerning its independence with regard to the state authorities." On 17 July, Council of Europe Secretary-General Walter Schwimmer also stated that Council of Europe experts "have some doubt" that the regulatory body will be independent of state control.

And on 26 July, a coalition of 18 media, legal, and human rights NGOs in Azerbaijan signed a letter to President Aliev asking him not to sign the draft legislation into law.

In the face of increased criticism from the Council of Europe, President Aliev has made attempts to recast himself as a supporter of independent media. On the afternoon of 22 July, "Journalists Day" in Azerbaijan, he held a roundtable with newspaper editors. During the meeting, he expressed his shock that a court case against "Yeni Musavat" newspaper Editor Rauf Arifoglu, accused of treason and illegal weapon possession in 2000, remains open. He offered his opinion that the case should be closed and Arifoglu's name cleared. That evening, he also made an appearance at a reception for several hundred journalists, congratulating them on their day of celebration and calling for a "free and respectful" media.

These are good steps. But at the end of the day, they are only words. If Azerbaijan is to be a "nation of laws and not men" as all democracies strive to be, then words must be set down on paper as law. At the moment, one of the most crucial reforms Azerbaijan must effect is to create legislation that protects the rights of journalists and guarantees their right to report the news without fear or favor.

As a new member of the Council of Europe, Azerbaijan has agreed to sweeping reforms. Among them is a promise, according to Council of Europe Opinion #222, "to guarantee freedom of expression and the independence of the media and journalists, particularly to exclude the use of administrative measures to restrict the freedom of the media." Unfortunately, the "Law on Television and Radio Broadcasting" does not ensure such freedoms and paints an uncertain future for those television stations either operating today or hoping to begin broadcasts in the months or years ahead.

President Aliev, who has in the past been responsive to the needs of NGOs, businesses, and the media, should send this flawed document back to parliament for review, in cooperation with Council of Europe experts, to create a law founded solidly on democratic ideals. Failure to do so will create a chilling effect on a media whose role has never been as crucial as it is now.

(John Boit is the country director in Azerbaijan for Internews Network, an international nonprofit media development organization.)

1995-2001 Radio Free Europe / Radio Liberty, Inc.,
All Rights Reserved. http://www.rferl.org