Political pressure and legal framework

Year 2002 has been characterized by attempts to extend government control over independent media. During the referendum on amendments to the Constitution in August 2002, and afterwards the pressure and violation against journalists increased. This is expected to be further increasing, as 2003 is the year of presidential elections.

Unfortunately after the elections in October and massive irregularities observed by international and local observers, the worse misgivings turned true, and the crackdown on freedom of media has been experienced for last three weeks.

However the membership in the Council of Europe and other international commitments of the Azerbaijani government as well as critical responses of OSCE, CoE, HRW, other international organizations and some western governments and parliaments provide ever growing pressure to secure freedom of expression and journalist rights in the country.

As to the legal framework for media the major problem is the consistent implementation of already existing legal provisions rather than substantial revision of laws, although some improvements of legislation are also requested. A controversial and anti-democratic draft law on state secret has been declined after protesting of media community. Government proposed establishment of a common Council for Print Media, Radio and Television and Internet, but that also has been rejected by journalist community and finally print media supported by the CoE managed to establish Press Council for self-regulation, which consisted of nine journalists and six public figures. Goals and mission of the Press Councils are declared as quite fitting to the best practice of countries with developed values of freedom of expression.

Nevertheless, the experts stress upon the necessity of adoption of a new Law on Defamation, and Yeni Nasil Journalist Association is going to take up the law drafting in cooperation with CoE. The state secret law draft was already elaborated and its promotion is now in the agenda. Law on freedom of Information seems reasonable for adoption to clarify the responsibility of government structures to provide the access to important data of government policy and implementation progress.

Economic problems and pressure

Lack of economic liberties, strict regulations and bad practice of private business made a negative impact on survival of independent media. Formally independent electronic media is now under stricter supervision of the government, this has been proved evidently during election campaign, when almost all electronic media outlets devoted over 80 % of their broadcast time for government candidate advocacy. Continuing decline of advertisement market influenced commercial viability of a number of print media outlets. Economic problems increase vulnerability of media, and some business groups extend their control on a number of media outlets. Several newspapers still maintain previous extent of independence in services, but need substantial support to survive.

Media Solidarity and internal problems

Solidarity of media community is maintained, but economic problems and increasing political polarization in the evidence of presidential elections affected cooperation between newspapers. It is important now to support those who still preserve potential for cooperation and solidarity.

Big number of non-professional print media depreciated image of journalist in society in some extent. Number of breaches of professional journalism principles increased. Necessity of self-regulation and application of international standards is pressing. The positive trend in this context is that media community is aware about such problems and strives towards removal of these negative phenomena. The Press Council emerged to address these weak points, but no visual progress is observed up to now.

Regional media

Developing economic projects infer gradual development of regions of the country. Several years of civil society activation and community development implemented by a number of donors created better situation for independent media establishment in regions. Internews has been successfully developing Independent Journalism Center in Ganja to cover developments in Western region of the country. The US Embassy supported the establishment of regional newspaper "Mingechevir Ishiglari" in Mingechevir. The USAID awarded a grant to Internews for regional print media support, which resulted in the establishment of three newspapers: in Ganja, Masalli and Nakhchivan. The professional capacity building in regional media is now crucial.

The list of partner NGO-s and donor organizations had been provided in strategy papers of the previous two years. Almost all those organization remain on the scene up to now. Nevertheless we provide the list below as some slight, but still remarkable changes happened both in the number and mission and capacity of the organizations.

• Azerbaijan Journalists Union (AJU). President - Haji Hajiyev. Formally it is a biggest trade union of Azerbaijani journalists alleged to hold 2,800 members. It is a remnant of the previous Soviet trade union system with rather awkward practice of activities. AJU has not received any financing from outside organizations. In the meantime all observers report that Haji Hajiyev is an honest person with a principal position on media development. OSI-AF supported AJU in issuing monthly Bulletin to highlight problems of journalist professionalism and present relevant international practice. The AJU could be an implementing organization for organozing professional journalist training. Mr Haji Hajiev is involved in the council of Journalist Defense Foundation.
• Trade Union of Journalist (TUJO) - The organization is well known by its activity of organizing training and seminars for journalist and maintaining international campaign to protect journalists' rights. A number of grants from international foundations have been received and implemented by TUJO. The former President Mr. Azer Hasret retired after establishment of a new initiative named Central Asia and the South Caucasus Freedom of Expression Network (CASCFEN) and his election to the Press Council. Nevertheless the organization still preserves its partnership potential for conducting local and international campaign to struggle for media freedom and organizing various journalist training.
• CASCFEN - This newly established organization aims at coordination of journalist right and freedom of expression monitoring and protection between Central Asia and the South Caucasus. The web site they maintain and the extended international relations of its Chairman Mr. Azer Hasret provide considerable leverage for the achievement of the declared purpose. Substantial efforts undertaken by international organization for the establishment of Central Asia independent media network unfortunately do not aim at the development of the Central Asia - South Caucasus cooperation, despite the existing potential and increasing interest in integration process across the Caspian. CASCFEN could respond to such needs especially if some involvement of other Caspian littoral countries would happen.
• Committee to protect journalists "RUH". The Committee has good records as an executor of a good deal of grants received from various foundations. The scope of activities is rather wide: legal consultation and journalists protection, publication of useful journalists education materials, professional training and seminars. It is considered to be a leading organization in monitoring and protection of journalists rights in the country.
• Yeni Nasil Association of Journalists. President -Arif Aliyev. It is one of the most active professional organization coordinating the public activity and professional development of Journalists. The issues of professional development, commercial stimulation of media coordination of social actvities of media organizations are the mainstream concerns of Yeni Nasil.
• Baku Press Club. A group of independent newspapers organized BPC as an important tool of facilitation of coordination and publicity of their public initiatives as well as the initiative of other civil society resources of the country. BPC turned to play an important role as a team providing good space and facilitation of many of public events and journalist movement.
• Editors' Council. This body is established by the editors of six leading independent newspapers to serve the purpose of cooperation and coordination. It has proved its importance as an institute of operational response to the changing media situation. Editors' council managed to get a sufficient level of mobilization of the independent media resources for production and market challenges, for journalists rights protection.

Besides these professional journalist organizations there is a number of NGO closely involved in media development in Azerbaijan. One can mention the following ones experienced in civic activities and grant implementation.

• Free Person Human Rights Society. Director - Sabuhi Djafarov. The Society was founded several years ago by independent journalists, and was officially registered in October 1998. The goal of the organization is to support the formation of a just state and civil society through the defense of human rights, the development of a culture of active citizenship, and the attraction of citizens to participation in public life.
• Legal Education Society. President Intigam Aliyev. The society provides legal trainings information and legal support to the vulnerable social groups and young lawyers.
• "Ganun" independent periodical on legal issues. Its Editor Shahbaz Huduoghlu is renown in journalist circles as a consistent defender of journalist rights at court investigations.
• Human Rights Center of Azerbaijan. Director - Eldar Zeynalov. Among the activities of the Centre the monitoring of media and journalist human rights and the maintenance of the appropriate electronic dissemination list is worth to be mentioned.

The following International organizations could act as partners and possible co-financiers:

• Westminster Foundation for Democracy - is coordinated through British Embassy in Azerbaijan. WFD funded a couple of projects on journalist rights protection and freedom of expression.
• Democracy and Civil Society Commission of the Embassy of the USA to Azerbaijan. The Commission has supported a project on photojournalism and they are considering a possibility to bring a western professional in residence in television. A number of media-related projects are under consideration. The position of the embassy is to be as cautious in this field as possible, because the majority of media are actually more politicized than it is used to be with the independent ones.
• Bureau of Education and Cultural Affairs/ Public Diplomacy Office of US State Department. The US Embassy activities in media field are practically implemented by this structure, which has replaced the previous USIS office.
• National Endowment for Democracy. Supports the democracy initiatives in various fields over the world. In the South Caucasus and Azerbaijan in particular NED awarded a number of grants including that to Yeni Nesil worked with citizens on human and civil rights issues and access to information. NED supported a number of NGO in election awareness and reporting during the last Presidential campaign.
• OSCE mission in Azerbaijan. They also consider media as one of the directions of their supportive activity. The contact person is Lutz Leihtfuss, Democratization officer .
• Internews. An international media supporting organization, fostering the establishment of free media market and interregional exchange of information and cooperation. They mainly focus on the electronic media support and journalists solidarity and professionalism. The USAID selected Internews as a major partner in their media freedom program. OSI-AF is partnering Internews in regional print media support. Media Rights Institute established under Internews by the USAID support conducts journalist training especially on legal education and provides legislation expertise. The Institute seems to be a good partner for initiatives of further legislation improvement.
• Eurasia Foundation - As the USAID concentrated their media freedom support in the partnership with Internews, Eurasia diminished their interest to media issues for the next year. However the last consultation with local and regional administration of the Foundation revealed the EF interest to contribute to developing skills of investigatory journalism from the perspectives of the EF program on supporting SME and healthy business environment. Tis is quite compatible with the goals of both OSI-AF media program and the program of transparency of public finances

The activity of Media program in 2001 has been along the following lines.

1. Legal education and legal support of journalists:
   • Journalists Defense Fund established in 2001 by a grant awarded to Yeni Nasil has been active all the 2002. The fund will provided legal and material assistance for journalists, who faced the violation of their rights on delivering their professional duties.
   • "RUH" Committee to Protect Journalists just started a Media right monitoring project to consult and protect journalists in a number of media outlets in the capital and regions.
   • "Free Person" media NGO has been supported by OSI and Friedrich Nauman Foundation to draft and advocate a Law on State Secret, which regulate to media responsibilities with that regard.
   • Journalist Trade Union JUHI received a grant to conduct a confence on the establishement of Central Asia and the Caucasus initiative of monitoring of freedom of expression
2. Supporting free media market:
   • Donated provision of products of Turan News Agency and the other South Caucasus news agencies has been continued.
   • A similar grant has been picked up by NMP and prolonged for Trend News agency.
   • Union of Democratic Journalist was awarded a grant to establish four reading houses in regions to provide access to information and independent newspapers
   • An experienced local expert, founder of two popular newspapers "Azadlig" and "Yeni Yuzil" Gunduz Tahirli has been hired and went to the Western Region to investigate the local conditions for the establishment of successful regional newspaper in Ganja.
3. Professional training for journalists:
   • Nine Journalists from leading media outlets have been sent to Saint-Petersburg Summer School for investigatory journalism courses.
   • Competition on journalist investigations of economic projects and natural resources has been conducted.
   • A grant has been awarded to a Journalist Research Center, a newly established NGO of young journalists, to conduct a series of seminars for journalists on coverage of Islamic and other religious topics
   • "Peaceful World Research Center" received a grant to conduct series of seminars for journalists and representative of armed forces on provisions of legislation and international standards to cover military topics and events.

The current situation implies the following priorities of the OSI-AF media program.

• Support to free media market $50,000
• Legal defense and protection of journalists $15,000
• Media law reform and self regulation $10,000
• Professional and other training $20,000

1. Support of free media market
   • Supporting media outlets in promoting and conducting journalist investigations - Low level of professional skill and inaccuracies in journalist investigations are due to the lack of time and resources to support such investigations. OSI will conduct a competition on supporting journalist investigation programs for media outlets
   • Professional journalist association support - Encouragement of creation of journalist associations specialized on coverage of particular sectors of information
   • Regional print media - As the establishment of a regional newspaper in the West of the country in cooperation with Internews is expected, OSI will continue to support it next year

   OSI-AF plans to help develop regional media as the regional news are missing in media market, which is one of the reasons of the gap between capital and the regions of the country. Such initiative is in compliance with other goals of the Foundation like monitoring of economic projects, the pipeline project, in particular, and regional NGO support program based on the Ganja office of OSI-AF. Coverage of these developments would help to develop regional journalist professionalism, awareness about civil society role and democratization. In these activities our goals coincide with that of USAID program and Internews activities as the implementers of the program.

   Our investigations and consultations revealed a need for developing journalist investigations especially in economic and public finance transparency field. However the media outlets due to the tough economic stand are not able to support the time and efforts for substantial journalist investigations. We would outline conditions for investigation competition and support a number of the most topical ones. Negotiations with Eurasia Foundation would possibly provide their contribution to increase the scope of competition. Institutionalization of narrower groups of journalists specialized in specific information sectors would assist to establish special target groups for training programs. We consider it as a support for free media market from the perspectives of human resource market.

2. Legal defense and protection of Journalists
   • OSI-AF will continue to assist in providing legal defense for journalists
   • Central Asia and the Caucasus information bridge - Initiatives in information exchange between CA and South Caucasus in journalist right protection and news product services.
   • Links with the international NGO community, campaigns and observation missions - OSI-AF shall rely on Network Media Program to work with respectable international organizations with the intention to increase and broaden their presence in Azerbaijan (Media Diverse Institute, NED, Article 19).

   A need for journalist right monitoring and protection is increased after the presidential elections in October 2003. Journalist Defense Fund should be maintained, broader regional cooperation of journalist should also assists in protection of their rights.

3. Media law reforms and implementation

   Press Council, which has been established in 2003 is expected to develop best practices of media self governance. OSI-AF considers that Press Council should increase their role in monitoring andthe implementation of media legislation and delivering of government commitment of freedom of expression as well as application of good ethical standards in media community. OSCE and CoE are interested in developing the Press Council capacity. OSI-AF will contribute by:

   • Supporting law improvement and awareness through translation and discussion of corresponding legal regulations related to media self governance in European countries
   • Initiatives in promotion and application of journalist ethics code in the activity of Press Council.

4. Professional and other training

   Professional training will be addressed to the groups of specialized journalists writing in:

   • economic investigations,
   • freedom of religion and Islam,
   • civil society role.

   Economic investigations appeared as one of the less developed but most important for the journalists in the country. OSI-AF by assistance of Central Eurasia Project of OSI-NY and in partnership with International Policy Dialogue Institute of Columbia University and Public Finance Monitoring Center in Azerbaijan already started this activity: a remarkable event of a workshop with participation of World Nobel Price winner Prof. Joseph Stiglitz and other outstanding trainers from the US and Turkey is planned in the end of November 2003. We shall continue these efforts and partnership next year and also seek other potential by assistance of network resources. Internal capacity also exist in cooperation with Technical Assistacne program of the USAID. The US government experts, who provide consultations to Azerbaijani government bodies in the country are interested to devote their time and experience for civil society and journalist community. Internal capacity and experts could also be helpful in training on religious topics. He latter field could develop a cooperation with Network Women Program, which is interested in highlighting the problems of women in specific religious communities.in Moslem communities in particular.