Baku, Fineko/abc.az. The Government of Azerbaijan is unlikely to feel any fault or inferiority complex on the occasion of certain criticism it was subjected in the 2nd report on Azerbaijan’s progress published on 23rd April 2009 by the European Commission within the National Action Plan of European Neighborhood Policy (ENP). This document reports on the overall progress made on the implementation of the EU-Azerbaijan ENP Action Plan between 1st January and 31st December 2008.

Deputy foreign minister Makhmud Mammadguliyev has claimed that first, the European Commission criticizes all the ENP participants and on the other hand, who promised to achieve all the ENP goals for two years?

“The Azerbaijani party keeps on realizing National Action Plan on the beforehand coordinated points and the final conclusions can be made ion expiration of 5 years of Plan implementation,” he said.

The Ministry of Foreign Affairs is in contact with the European Commission providing information and discussing remarks to the ENP progress reports.

The 2nd report says that as well as in 2008, overall, there was no or limited progress in the implementation of ENP Action Plan, particularly in the areas of political dialogue and reform, including protection of human rights and fundamental freedoms, many areas of co-operation in justice, security and freedom, a number of aspects of market and regulatory issues.

Achievements during the reporting period included progress made in the area of economic development and business environment, notably the establishment of one-stop shop system for the registration of business, and the adoption of the legislation on the one-stop shop concept of customs clearance. Azerbaijan received international recognition as “Top Reformer” in a World Bank survey on the ease of doing business. The macroeconomic environment was favourable with high economic growth mainly due to the high prices of hydrocarbons, particularly in the first half of 2008.

Good progress was made in the context of the 2006 Memorandum of Understanding on strategic partnership in the field of energy and n strengthening Azerbaijan’s role as energy producer. Some progress was made in the area of the judiciary, notable in the recruitment and training of judges. However, the independence of judiciary remains of concern.

Limited progress was made on democratic governance.

The presidential elections in October 2008 demonstrated progress towards meeting OSCE commitments and other international standards.  But there were shortcomings in the free and fair electoral process including in the process leading up to the elections.

Amendments to the legislation on freedom of assembly improved the legal framework but have been implemented in a restrictive manner, thus, de facto limiting the freedom of assembly.

There were negative developments on protection of human rights and fundamental freedoms. Freedom of media and expression in particular remain causes for serious concern. Media pluralism has been limited even more since the decision of the National TV & Radio Council of December 2008 not to extend   the licenses of foreign broadcasters to broadcast on local frequencies.

Corruption remains a pervasive problem.

“Implementation of human rights and fundamental freedoms, further work in the area of justice, freedom and security, diversification of the economy and regulatory reform will be key reform challenges in 2009,” the report says.

A positive step on thre Nagorno Garabagh conflict was taken despite the prevailing high tensions. Azerbaijan has improved its participation in regional co-operation initiatives.

Outside the reporting period, the ratification of the Optional Protocol to the UN Convention against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment in January 2009 and significant increase of funding for civil society from the Council for State Support to NGOs.

“However, some of the amendments to the Constitution of Azerbaijan, adopted at a National Referendum in March 2009, may constitute a reason for concern,” the report says.

Earlier the Azerbaijani side has developed and submitted the report on 2nd year of ENP realization covering the events held in 2008 to the European Commission. Azerbaijan had a range of claims on the first national report on ENP made by the European Commission that agreed to take into account all the Azerbaijan’s comments when making its following annual reports on ENP Action Plan progress achieved by Azerbaijan.

On April 4 the European Commission representative to Azerbaijan Adam Vaddams presented a report in Baku that contained entirely positive estimates of country’s progress within the five-year Action Plan.

According to the report, progress was especially observed in economic sector. Development was also observed in customs and tax systems and corporate legislation system. Not large progress was registered as well in the area of democratic reforms, but it was focused on a necessity to centralize municipalities.

The report says that no amendments were made in elections legislation. In December 2006 the National Action Plan on Human Rights Protection was adopted and currently demands realization. Last year there were taken measures to clarify administrative and legal status of ombudsman. His administrative status was improved last July but additional efforts are needed to improve legitimacy and independence. Some progress is observed with penitentiary system reforms. Legislation on freedom of meetings, freedom of opinions, word and information means is restricted.

Governmental bodies did not settle the problem of lack of legislative and institutional borders relating to protection of national minorities.

Azerbaijan has reached high results in the system of freedom of religions and gender. Reforms are conducted in court system but despite that the process of development is ongoing weakly because of lack of qualified staff.

According to the report, corruption is quite developed in Azerbaijan. Last June National Strategy on Anti-Corruption & Transparency Development was adopted and it is very important document for Azerbaijan.

Besides, the country was observed progress in the system of foreign cooperation, freedom of justices, security, nuclear law, terrorism fighting, drugs and human traffic, false money.

At the same time Azerbaijan did not take measures to join Rome status of International Court for Crimes and the Ottawa Convention.

ENP (Azerbaijan became its participant on 1 January 2007) stipulates regular diagnostics of realization quality. The programme covers a remote reserve of member countries of the European Union, if the latter decides to continue its expansion.

14.10.2009 09:11