Author: Interview by Ramin Naziev, Baku, exclusively to VK
The head of the Institute on Human Rights, Azerbaijani MP Aiten Mustafayeva, spoke to Vestnik Kavkaza about the constitutional rights of citizens, freedom of speech and conscience, and the problems of refugees in Azerbaijan.
Continuation. See Aiten Mustafayeva: "We accede to conventions beneficial for the interests of Azerbaijan".
- What steps have been made for restoration of rights of refugees and displaced people?
- We are working on explaining the essence of the conflict to international organizations, such as the Council of Europe, the OSCE. Since the foundation of the Institute our partners are ODIHR, the Council of Europe, the United Nations High Commissioner for Human Rights. We cover the conflict through these structures.
We have to speak with the European legal community in its language. If we speak tragically or snobbishly, they won’t accept our words. The Institute established an expert council of lawyers, political scientists who developed legal documents on estimation of the Khodzhaly tragedy, for example, as genocide. We explain why the Khodzhaly tragedy is an act of genocide, relying on international documents. According to legal conventions, genocide is ethnic killing people, civil residents. It means Khodzhaly is genocide. The expert council composed a legal document which was translated into English and French and sent to personal e-mails of each member of the parliament of the Council of Europe. As for Armenian terrorism, not only problems of attacks on Turks and Azerbaijanis were raised, but on other nations, for example, Jews. The evidence was presented not by us, but by the Jewish community in Azerbaijan. This topic was raised, translated into Hebrew and sent to Knesset. The small booklet was sent to the United States, Israel, and other countries. Last year France initiated recognition of the so-called genocide of Armenians. The Institute on Human Rights reacted to this immediately. We published a booklet where listed facts of terrorist attacks by Armenians against French citizens. We just reminded the French who are Armenian militants, terrorist groups for they will not forget it. As for refugees and forced displaced people of Azerbaijan, we pose a question on compensation of the economic damage: economic, environmental, cultural, material damage which was caused during the Nagorno-Karabakh conflict to Azerbaijan. This topic was reflected in the national program on human rights which was signed by President on December 27, 2011. Furst of all, it concerns restoration of refugees’ rights. We have to gather documents, evidence of violence and damage, documents on property, and so on. We will send a request to the European Court. It will be a great strike on Armenia because they couldn’t compensate the economic damage ever.
- What can you say about the national plan of action on improvement of effective protection of human rights and freedoms?
- This document is very important. It is not the first time the document is adopted. The Institute on Human Rights is one of the structures which are responsible for its implementation. In last nine articles the Institute is presented as responsible for implementation – monitoring of realization of court verdicts, educational sphere, public education, and compensation of the economic damage. In general there are 14 structures which are responsible for implementation of the program. We also deal with monitoring of international conventions and documents which we recommend for adopting in Azerbaijani legislation. We study all international conventions and recommend those of them which are beneficial foe our interests.
- Recently the 23th anniversary of tragic January events was marked. What is a legal appraisal of the tragedy? Can these events be considered as a massive protest of Azerbaijani people against violation of their rights?
- From the legal point of view, it was a massive protest against imperialism in general, against violation of constitutional rights of Azerbaijanis. At that time Armenian militant circles used all leverages to pressure on Azerbaijan and destroy the Azerbaijani nation. And our people showed a big will and a desire to separate from the Empire. All constitutional rights of Azerbaijanis who were citizens of the USSR were broken during the events of January 20.
- Some opposition forces state on impairment of the right for freedom of gathering and freedom of speech. Is it true?
- If they state on this, then there is freedom of speech. Today they write whatever they want in newspapers, Internet is open and is not controlled. Any blogs discuss any topics. When I have time, I log in and watch what people think and discuss. Sometimes I can see absurd and very sarcastic topics. But it is interesting to know what people think. Freedom of speech is infinite. Freedom of gathering is provided in the context of consideration of other citizens’ rights – without bothering their calmness. There are places where people can gather and speak. First of all, the city is growing, secondly, if words are meaningful and true, it doesn’t matter where you have said them. If somebody tells the truth, people will follow it. However, if words have no a social ground and social meaning, they won’t have any effect, even if they are said on the Square of Flag.
- What about freedom of conscience and protection of national security in the country?
- This question is very serious for me as a citizen and the head of the Institute on Human Rights. In recent times freedom of conscience causes some problems. Unfortunately, many circles which tried to enter and entered Azerbaijan use this delicate topic for destroying stability of our country. Azerbaijan has always been a tolerant country with many ethnic groups, many religions. We have no such notion as a foreign religion or an alien faith. Nobody asks your nationality, moreover religion in Azerbaijan. But recently in the whole world, not only in Azerbaijan, destructive sects appear, which are directed against basic religions and stable society. There is the ninth article on freedom of conscience in the European Convention. It says that freedom of conscience can be limited in case of threatening social security, security of people. Activity of such sects should be restricted. I stand for protection of Azerbaijani young people because they are easy to fall under influence of such sects.
- You are a parliament member. What requests do you receive from your voters?
- In general they have common household problems. As for impairment of rights, in general it concerns dismissing at work. Of course people take an offence and complain. However, all in all requests concern household problems. And we try to solve them.
