(ARTICLE 19/IFEX) – The following is an ARTICLE 19 open letter: 5 July 2005 Mr Murtuz N. Aleskerov Chairman of the Milli Mejlis Copied to: Mr Ramiz Mekhtiyev, Chief of the Presidential Administration Mrs Elmira Suleymanova, Commissioner on Human Rights Mr Rizvan Jabiyev, MP, Head of the Parliamentary Working Group Members of the Milli Mejlis […]
(ARTICLE 19/IFEX) – The following is an ARTICLE 19 open letter:
5 July 2005
Mr Murtuz N. Aleskerov
Chairman of the Milli Mejlis
Copied to:
Mr Ramiz Mekhtiyev, Chief of the Presidential Administration
Mrs Elmira Suleymanova, Commissioner on Human Rights
Mr Rizvan Jabiyev, MP, Head of the Parliamentary Working Group
Members of the Milli Mejlis
Open Letter
Dear Mr Aleskerov,
ARTICLE 19, the Yeni Nesil Union of Journalists and the National Center of Environmental Forecasting are writing to you with regard to the Azerbaijani official draft law “On Obtaining Information”.
During April – June, the Parliamentary Working Group has reached a commendable progress in improving the official draft. The current text incorporates most of the recommendations made by international organizations (including Council of Europe and ARTICLE 19), including some of the key freedom of information principles:
* a principle of openness;
* a guarantee for an independent review mechanism (a provision on Information Ombudsman);
* a duty to publish;
* a protection for ‘whistleblowers’; and
* extends its coverage to some private entities that conduct public duties.
However, despite promises by the Parliamentary Working Group to pass the official draft law to the Milli Mejlis for the second reading by the end of June before the two-month summer recess, it has not been put on the agenda for the final session day, 29 June.
We are deeply concerned by this development and fear that the process of adopting a law on freedom of information has been brought to a standstill again. We are not convinced that the Milli Mejlis has a sincere commitment to adopting this law in 2005.
The upcoming Azerbaijani Parliamentary elections make it indispensable to adopt the access to information law: free and fair elections are not possible if the freedom to seek, receive and impart information and ideas is not guaranteed and upheld.
As stated in the 2004 Joint Declaration by three international rapporteurs on freedom of expression, “the right to access information held by public authorities is a fundamental human right which should be given effect at the national level through Freedom of Information Acts based on the principle of maximum disclosure [. . .]”
We are therefore urging the Members of the Milli Mejlis to join more than 50 countries worldwide that have declared their commitment to international standards on freedom of information and to adopt a law guaranteeing freedom of information in the Republic of Azerbaijan in order to:
* ensure transparency during the campaign period;
* provide voters with necessary information to make informed choices;
* build public trust in elections administration; and
* create an environment for adequate coverage of elections by the media.
We hope that you will take our concerns into consideration and adopt the law on “Obtaining Information” before the November Parliamentary Elections.
We would be happy to contribute our professional knowledge to ensure that the fundamental right of access to information is established in the Republic of Azerbaijan and to share our expertise in supporting the implementation of the freedom of information law.
Yours sincerely,
Dr Agnès Callamard
Executive Director, ARTICLE 19
Arif Aliyev
Chairman, Yeni Nesil Union of Journalists
Editor-in-chief, Gun newspaper
Telman Zeynalov
President, National Center of Environmental Forecasting
Coordinator, Ecological Department of the NGO Forum of Azerbaijan
