Title

Conflicts in the Caucasus: Prospects for Resolutions

Wednesday, December 07, 2011
2154 Rayburn House Office Building
Washington, DC 20515
United States
Witnesses: 
Name: 
Thomas de Waal
Title: 
Senior Associate
Body: 
Carnegie Endowment for International Peace

Representative Michael Burgess led this briefing on the conflictual history in the Caucasus. Twenty years after the disappearance of the Soviet Union, the unresolved conflicts in the Caucasus remain one of its most problematic legacies. Despite the Organization for Security and Cooperation in Europe’s (OSCE) long mediation in the dispute over Nagorno-Karabakh, the results have been disappointing. After the 2008 Russia-Georgia war and Moscow’s subsequent recognition of the independence of Abkhazia and South Ossetia, the prospects for settling those conflicts seem more remote than ever.

The witnesses examined where these conflicts stood at the end of 2011, what factors impeded a settlement,  whether the resumption of armed hostilities was a serious threat, whether changes in the negotiating format could yield  a better outcome, and what, if anything, could the United States do to facilitate a resolution.

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Adam Schiff (CA-28). “By lengthening presidential terms and expanding presidential authorities, the proposed constitutional changes are susceptible to abuse that would entrench political authority, making it less responsive to the will of the Azerbaijani people,” the Members of Congress wrote. “We are especially troubled by amendments that would restrict fundamental rights that are vital to open public debate and government accountability.” Proposed changes to Azerbaijan’s constitution include extending the presidential term from five to seven years; removing the age limits for holding elected office; providing immunity for vice presidents; allowing the president to dissolve the national assembly and call early elections; and reorganizing the presidential line of succession. The Government of Azerbaijan has already faced international criticism for its crackdown on journalists, activists, opposition politicians, and members of religious minorities.  The referendum would further restrict fundamental freedoms by placing limits on freedom of expression when it provokes “hostility,” freedom of assembly when it “disrupt[s]…public morale,” and property rights when they violate “social justice and effective use.” “The upcoming referendum creates a grave crisis of legitimacy,” the letter read. “Neither the international community nor the Azerbaijani people can have confidence in a vote that takes place without free access to information, open debate, and transparency. That the Azerbaijani people are being asked to vote on measures that erode democratic principles makes the situation even more unacceptable.” In December 2015, Chairman Smith introduced H.R. 4264, the Azerbaijan Democracy Act, a bill that would deny U.S. visas to senior members of the Azerbaijani government until such a time that Azerbaijan makes substantial progress toward releasing political prisoners, ending its harassment of civil society, and holding free and fair elections. The full text of the letter is below. September 8, 2016 His Excellency Ilham Aliyev President of the Republic of Azerbaijan Presidential Palace Istiglaliyyat Street 19 Baku, AZ 1066 Dear President Aliyev, We write to you to express our deep concern regarding Azerbaijan’s upcoming constitutional referendum on September 26, 2016. We believe that the proposed changes to the constitution and the means for adopting them will undermine your government’s international obligations to protect democracy and human rights. By lengthening presidential terms and expanding presidential authorities, the proposed constitutional changes are susceptible to abuse that would entrench political authority, making it less responsive to the will of the Azerbaijani people. We are especially troubled by amendments that would restrict fundamental rights that are vital to open public debate and government accountability. Shortly following independence, the Government of Azerbaijan in 1992 joined the Organization for Security and Cooperation in Europe (OSCE) thereby expressing its commitment to the protection of fundamental rights and freedoms as one of the basic purposes of government. We regret that in the years hence Azerbaijan's human rights record fails to reflect this commitment. Time and again, the credibility of Azerbaijani elections has been marred by credible reports of ballot stuffing and irregularities with vote counting, as well as limitations on freedom of expression and freedom of association. These troubling precedents motivate our concern about the upcoming referendum. If successful, the vote would change the constitution to extend the presidential term from five to seven years, remove the age limits for holding elected office, provide immunity for vice presidents, allow the president to dissolve the national assembly and call early elections, as well as reorganize the presidential line of succession. Additionally, it would subject fundamental rights to vaguely worded restrictions, circumscribing freedom of expression when it provokes “hostility,” freedom of assembly when it “disrupt[s]…public morale,” and property rights when they violate “social justice and effective use.” We are deeply concerned that Azerbaijani voters are being asked to consider such consequential changes to Azerbaijan’s constitutional framework in a climate that makes free debate all but impossible. In recent days, it has been reliably reported that a number of political activists campaigning against the referendum and several journalists have been detained on trumped-up charges and some have faced mistreatment and torture at the hands of authorities. Even before the latest round of arrests and intimidation, half a dozen journalists were already in jail, Radio Free Europe/Radio Liberty has remained closed since December 2014, and other independent journalists and media outlets faced official harassment. The upcoming referendum creates a grave crisis of legitimacy. Neither the international community nor the Azerbaijani people can have confidence in a vote that takes place without free access to information, open debate, and transparency. That the Azerbaijani people are being asked to vote on measures that erode democratic principles makes the situation even more unacceptable. We urge you to reconsider this constitutional referendum and to re-invigorate your government’s flagging commitment to promote the freedom and dignity of its people by ceasing all harassment and proceedings that target political activists and journalists who peacefully express their visions for Azerbaijan. We are inspired by the example of these brave voices and hope that your government will recognize that Azerbaijan’s strength and stability derives from the liberty of its people. Sincerely, Christopher H. Smith Member of Congress Joseph R. Pitts Member of Congress Adam B. Schiff Member of Congress           

  • It’s Time for the United States to Act on Azerbaijan

    David J. Kramer is senior director for human rights and democracy at the McCain Institute for International Leadership and a former assistant secretary of state for democracy, human rights and labor. Richard Kauzlarich is an adjunct professor at George Mason University and former U.S. ambassador to Azerbaijan and to Bosnia and Herzegovina. Earlier this year, President Ilham Aliyev of Azerbaijan looked like he was softening his authoritarian grip on his country. In March, he released 14 political prisoners ahead of his visit to Washington for President Obama’s Nuclear Security Summit. Even the harsh anti-American rhetoric from Azerbaijani officials and regime media seemed to subside. While in Washington, Aliyev had sit-downs with Vice President Biden and Secretary of State John F. Kerry. But since the April summit, Aliyev’s regime has intensified its crackdowns on freedoms. Azerbaijan’s rapid, dangerous deterioration demands more decisive action from the United States, yet the Obama administration has remained largely silent. The government in Baku has increased its arrests and detentions of another dozen opposition figures, peaceful religious believers and civil society activists. Nearly 100 political prisoners are languishing in the country’s jails. Azerbaijani writer Akram Aylisli was detained at the national airport and prevented from leaving the country. Faig Amirli, financial director of Azadliq newspaper and assistant to the chairman of the Azerbaijan Popular Front Party, was arrested last month. Other opposition politicians arrested in August include Natiq Jafarli,  executive secretary of the REAL movement, and NIDA civic movement activist Elgiz Qahraman. The situation on the ground may get even worse. On Sept. 26, Aliyev’s regime plans to force a referendum which aims to enhance his powers. The result of the referendum is already known; we can be sure that the government will ensure its approval. That means that Aliyev can extend his term from five to seven years, create new positions of vice president (to which he might name a member of his family) and lower the age for members of parliament — opening the door for his son Heydar to be elected. It would not be a surprise if elections were called early under the new constitution to ratify these authoritarian steps. Quiet diplomacy, we are told, is the only way to protect American interests in Azerbaijan. Along with its strategic location on the Caspian Sea between Russia and Iran, the country of 8 million is rich in oil and gas resources, and plays a role as a national security ally to the United States. No American interests are served if Azerbaijan’s increasing authoritarianism explodes into a political and social crisis. Moreover, Azerbaijan is following in the footsteps of Vladimir Putin’s media tactics in Russia by increasingly  painting the United States as the enemy. An editorial in the state-approved media outlet, Haqqin, accused the United States of “losing” Azerbaijan, “driving it into a corner” and “neglecting a valuable partnership” with Baku. The editorial warned that Azerbaijan will be left with no option but to establish closer relations with its immediate neighbors, Iran and Russia. Aliyev’s supporters have pointed to the failed Turkey coup and have accused the United States of supporting opposition forces not only to spoil the upcoming referendum — but to plot a coup in Azerbaijan. Aside from legislation introduced by Rep. Christopher H. Smith (R-N.J.) last December and the cries of activists and human rights groups, Azerbaijan has received a free pass from the Obama administration. Rarely do either the U.S. Embassy in Baku or the State Department in Washington speak out against human rights abuses. Even the 2014 raid on U.S.-funded Radio Free Europe/Radio Liberty (RFE/RL) and the arrest of one of its journalists, Khadija Ismayilova, triggered a mild response from Washington. Ismayilova was released from prison earlier this year but has been refused permission to travel outside the country. RFE/RL  is still barred from operating in Azerbaijan, as are most American nongovernmental organizations. In the past, we have called for sanctions — asset freezes and visa bans — against Azerbaijani officials involved in and responsible for gross human rights abuses, similar to the Sergei Magnitsky Rule of Law and Accountability Act for Russia. President Obama doesn’t need new legislation to take such measures; he can do so under existing presidential authorities. Beyond that, we should withhold U.S. support for International Monetary Fund and World Bank assistance should Azerbaijan request it amid its deteriorating economic situation and end Overseas Private Investment Corporation and Export-Import Bank lending to Azerbaijan. The United States should consider recalling our ambassador for extended consultations over human rights concerns as well as the rising anti-American rhetoric of Azerbaijan officials and government-sanctioned media. We also need to get the Europeans on board with similar measures. These steps should be taken unless and until all the political prisoners are released and the referendum enhancing Aliyev’s powers is voided. Letting Azerbaijan follow through on its threat to form closer ties with Moscow and Tehran without balance from the United States may be a necessary, albeit unpleasant, learning experience for the regime in Baku. The problem in Azerbaijan is not that Aliyev has too little power; it is that he exercises the power he has in the wrong ways against innocent people.  America’s silence as the situation on the ground worsens risks making us accomplices to a looming human rights disaster in Azerbaijan.

  • Fox Business: Sen. Wicker on Turkey

    Following the July 2016 attempted coup in Turkey, Helsinki Commission Co-Chair Senator Roger Wicker joined Fox Business Network to provide his perspective on recent events in the OSCE participating State and NATO Ally. Calling President Erdogan's subsequent actions "very disturbing," Co-Chairman Wicker noted, "There has been an all-out assault not only on the military -- on admirals and generals -- but also on the judiciary, on universities, on religious leaders." In addition to serving as the co-chairman of the Helsinki Commission, Senator Wicker is a senior member of the Senate Armed Services Committee, and chairs the OSCE Parliamentary Assembly (OSCE PA) Committee on Political Affairs and Security.

  • U.S. Delegation to OSCE PA Drives International Action against Human Trafficking, Discrimination, and Anti-Semitism

    WASHINGTON—Seven members of Congress traveled to the OSCE Parliamentary Assembly (OSCE PA) Annual Session in Tbilisi, Georgia last week to demonstrate the U.S. commitment to the principles of the Helsinki Final Act, including respect for human rights and fundamental freedoms. At the Annual Session, which brought together nearly 300 parliamentarians from 54 of the 57 OSCE participating States, the U.S. lawmakers introduced several successful resolutions and amendments targeting current challenges facing the OSCE region, ranging from human trafficking to discrimination and anti-Semitism to the abuse of Interpol mechanisms to target political opponents and activists. The delegation included Helsinki Commission Chairman Rep. Chris Smith (NJ-04), Co-Chairman Sen. Roger Wicker (MS), Commissioner Rep. Robert Aderholt (AL-04), Commissioner Rep. Randy Hultgren (IL-14), Rep. Mike Fitzpatrick (PA-08), Rep. Richard Hudson (NC-08), and Rep. David Schweikert (AZ-06). Rep. Aderholt currently serves as a vice-president of the OSCE PA, while Sen. Wicker was re-elected to a third term as chair of the OSCE PA Committee on Political Affairs and Security, also known as the First Committee, during the annual meeting. Chairman Smith led international lawmakers in battling international human trafficking and child sex tourism through a successful resolution calling on all OSCE participating States to raise awareness of sexual exploitation of children in travel and tourism (SECTT), especially by convicted pedophiles, business travelers, and tourists. Chairman Smith, who serves as the OSCE PA Special Representative on Human Trafficking Issues, also hosted a July 3 briefing on U.S. efforts to prevent SECTT through a new international reciprocal notification system – known as International Megan’s Law – that facilitates timely communications among law enforcement agencies. A second U.S. resolution, authored by OSCE PA Special Representative for Anti-Semitism, Racism and Intolerance and Helsinki Commission Ranking Sen. Ben Cardin (MD), called for action against the anti-Semitic and racist violence sweeping across North America and Europe. The resolution, which passed overwhelmingly, urged members of the OSCE to develop a plan of action to implement its long-standing body of tolerance and non-discrimination agreements, called for international efforts to address racial profiling, and offered support for increased efforts by political leaders to stem the tide of hate across the region. The resolution was fielded by Commissioner Hultgren. Chairman Smith also called on participating States to more effectively prevent and combat violence against European Jewish communities through the introduction of two amendments to the resolution of the OSCE PA General Committee on Democracy, Human Rights and Humanitarian Questions (also known as the Third Committee). His first amendment called for the explicit recognition of the increase in anti-Semitic attacks in the region, while the second encouraged participating States to formally recognize and partner with Jewish community groups. Responding the abuse of Interpol systems for politically motivated harassment by Russia and other members of the OSCE, Co-Chairman Wicker authored a successful amendment to the First Committee resolution, which called on participating States to stop the inappropriate placement of Red Notices and encouraged Interpol to implement mechanisms preventing politically motivated abuse of its legitimate services. The amendment was fielded by Rep. Hudson. During the Annual Session, members of the delegation also offered strong support for important resolutions fielded by other countries, including one by Ukraine on human rights in illegally occupied Crimea and another on the 30th anniversary of the Chernobyl nuclear accident. They voted for a highly relevant resolution on combating corruption fielded by Sweden, and helped to defeat a Russian resolution attacking the Baltic States, Poland and Ukraine in the context of combating neo-Nazism.  U.S. delegates indicated their support for the work of attending Azerbaijani human rights activists, and met with attending members of the Israeli Knesset.  While in Tbilisi, the group also met with several high-ranking Georgian officials, including Prime Minister Giorgi Kvirikashvili; Tedo Japaridze, Chairman of the Foreign Relations Committee, Parliament of Georgia; Mikheil Janelidze, Georgian Minister of Foreign Affairs; and David Bakradze, Georgian Minister of European and Euro-Atlantic Integration.

  • Chairman Smith Leads International Legislators against Human Trafficking, Child Sex Tourism

    WASHINGTON—The OSCE Parliamentary Assembly passed a resolution authored by Helsinki Commission Chairman Rep. Chris Smith (NJ-04) against international human trafficking and child sex tourism. The resolution was passed at the 2016 annual session of the OSCE Parliamentary Assembly (OSCE PA), and has an agenda-setting effect for the 57-member intergovernmental organization. Smith, who leads the U.S. Delegation to this year’s OSCE PA Annual Session, introduced a resolution calling on all OSCE participating States to work with the private sector and civil society to raise awareness of sexual exploitation of children in travel and tourism (SECTT), especially by convicted pedophiles, business travelers, and tourists.  The resolution also urges all OSCE participating States to enact laws allowing them to prosecute their citizens and legal permanent residents for child sexual exploitation committed abroad, and to strengthen international law enforcement cooperation to ensure that nations know about travel by convicted pedophiles prior to their arrival. “More children than ever before are being exploited – child sex tourism is soaring while protection lags,” said Chairman Smith. “We must work together to protect children from convicted pedophiles and opportunistic predators who exploit local children with impunity during their travels abroad. Prevention and prosecution should go hand in hand.” In addition to introducing the SECTT resolution, Chairman Smith hosted a July 3 briefing on U.S. efforts to prevent SECTT through a new international reciprocal notification system – known as International Megan’s Law – that facilitates timely communications among law enforcement agencies. “Child predators thrive on secrecy – a secrecy that allows them to commit heinous crimes against the weakest and most vulnerable,” said Chairman Smith.  “Recent changes in the laws of the United States and partner countries are putting child predators on the radar when they travel internationally, but much remains to be done.” Chairman Smith has served as OSCE PA Special Representative on Human Trafficking Issues since 2004. His efforts to raise the profile of the human trafficking problem in the OSCE region are reflected in the 2013 Addendum to the OSCE Plan of Action to Combat Trafficking in Human Beings, and have prompted other parliamentarians to take the lead in addressing human trafficking in their respective capitals. Chairman Smith first raised the issue of human trafficking at the 1999 St. Petersburg Annual Session, the first time it appeared on the OSCE agenda. Since then, he has introduced or cosponsored a supplementary item and/or amendments on trafficking at each annual session of the OSCE PA, including on issues such as sex tourism prevention, training of the transportation sector in victim identification and reporting, corporate responsibility for trafficking in supply chains, and special protections for vulnerable populations. In addition to authoring the 2016 International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes through Advanced Notification of Traveling Sex Offenders, he authored the landmark U.S. Trafficking Victims Protection Act of 2000 and its 2003 and 2005 reauthorizations. Chairman Smith co-chairs the United States Congressional Human Trafficking Caucus.

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