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Why arenâ€™t media and childrenâ€™s ombudsman institutions established in Azerbaijan? â€“ INVESTIGATION

Why arenâ€™t media and childrenâ€™s ombudsman institutions established in Azerbaijan? â€“ <font color=red>INVESTIGATION </font>

03 February 2010 14:35 (UTC +04:00)

Everybody admits that there are enough problems concerning the children and media, people who are in need of protection and violations of law. Though it has been discussed on various levels several times, the issue has not been solved yet. Establishment of media ombudsman institution is reflected in the national legislation, establishment of childrenâ€™s ombudsman institution in the recommendations of the UN Committee for Childrenâ€™s Rights. Then why arenâ€™t media and childrenâ€™s ombudsman institutions established in Azerbaijan?

As Azerbaijanâ€™s Human Rights Commissioner (Ombudsman) Elmira Suleymanova is abroad, it was impossible to learn her position about it.

Chairman of the parliamentâ€™s committee for legal policy and statehood Ali Huseynov told APA that the commitments of the Council of Europe did not contain the establishment of media and childrenâ€™s ombudsman institutions. According to him, the practice used for establishment of ombudsman institution in Azerbaijan does not contain such issues.

3 million children need protection?

Head of NGO Alliance for Childrenâ€™s Rights Nabil Seyidov told APA that the idea of establishing ombudsman institution for childrenâ€™s rights in Azerbaijan appeared in 2005. NGO Alliance for Childrenâ€™s Rights offered it. In 2005, 45 organizations appealed to Azerbaijani President for establishing ombudsman institution.
â€œThe proposal on establishing the ombudsman institution for childrenâ€™s rights in Azerbaijan was also included into the alternative report sent to the UN Committee for Childrenâ€™s Rights. In 2006, it was recommended to establish ombudsman for childrenâ€™s rights in Azerbaijan, or a special structure under the Ombudsmanâ€™s Office. Since then, the Alliance has appealed for establishment of the ombudsman institution. This proposal was also included into the alternative report prepared by the Alliance in 2009,â€ he said.

According to Seyidov, there are about 3 million children in Azerbaijan.
â€œApproximately 4000 children have been registered in the police offices. About 2500 street children, 500 children, who committed crimes, are detained every year. About 50 children are held in the correctional facility. About 200,000 children are refugees and IDPs. The number of the children that underwent violence is not known. Poor families are 11 percent in Azerbaijan. Who should deal with the protection of the rights of these children? There should be an independent body dealing with the elimination of the law violations against these children. The relations between the state bodies and citizens in Azerbaijan are on the stage of formation. In this respect it is important to establish an ombudsman institution dealing with childrenâ€™s rights. President should nominate some persons and the parliament should approve one of them. There is great difference between children and adults. Therefore, the activity of the ombudsman for childrenâ€™s rights and ombudsman for human rights will differ from each other,â€ he said.

Head of the NGO said the ombudsman institution for childrenâ€™s rights may also be established as a separate body under the Ombudsmanâ€™s Office.
â€œThe parliament should confirm this post once more. It should be added to the constitutional law on ombudsman that there must be commissioner for childrenâ€™s rights in Azerbaijan. It should also be added to the law on â€œChildrenâ€™s rightsâ€ adopted in 1998 that childrenâ€™s ombudsman institution is established in Azerbaijan, this person will deal with the restoration of violated rights of children. Some say there is a State Committee for Family, Women and Childrenâ€™s problems in Azerbaijan. But the ombudsman for childrenâ€™s rights deals with the restoration of the violated rights of children, prepares and applies state policy on children.â€

Seyidov said Azerbaijan has no direct commitment vis-Ã -vis the international organizations on establishing childrenâ€™s ombudsman institution.
â€œThe UN Convention on the Rights of the Child says that the member states are to prepare the national mechanisms for protection of childrenâ€™s rights. One of these mechanisms is Childrenâ€™s Ombudsman. There are childrenâ€™s ombudsmen in about 50 countries.â€

The crimes committed by children make up 2.2 percent of the general crimes

Director of the Interior Ministryâ€™s department for prophylactic actions with the underage Kamal Imanverdiyev told APA that there is a department on protection of childrenâ€™s rights in Azerbaijani Ombudsmanâ€™s Office.
â€œThere is a need to improve this department. Establishment of independent childrenâ€™s ombudsman institution would be favorable. Broad measures are being taken for the solution of childrenâ€™s problems in the country. But I would welcome the establishment of childrenâ€™s ombudsman institution,â€ he said.
Kamal Imanverdiyev said children usually could not inform about the violation of their rights. Their parents do it. The crimes committed by children make up 2.2 percent of the general crimes.
â€œThe crimes against children make up 3 â€“ 3.5 percent of the general crimes,â€ he said.

Kamal Imanverdiyev said the reports that about 4000 children had been registered by the police were wrong.
â€œTheir number change within a year. The number of the children registered by the police does not exceed 300-500 in a year. They are registered for rehabilitation, measures are taken about them,â€ he said.
Kamal Imanverdiyev said there was no absolute figure concerning the street children in Azerbaijan.
â€œIt also changes. The street children are those who have been involved in beggary by their parents, who sell tickets in buses, clean windows of cars. We reveal 300-400 street children within a year,â€ he said.

â€œIf we establish 20 ombudsman institutions in Azerbaijan with 9 million population, we will reduce this problemâ€

Chairman of the parliamentâ€™s committee for social policy Hadi Rajabli considers that independent Childrenâ€™s Ombudsman Institution should not be established in Azerbaijan. He told APA that the ombudsman institution is being improved in Azerbaijan.
â€œThere are a number of ombudsman institutions in the developed countries. If we establish 20 ombudsman institutions in Azerbaijan with 9 million population, we will reduce this problem. I think there should be one common ombudsman institution in Azerbaijan. Several structures may be established under the Ombudsmanâ€™s Office. There is more need for consumersâ€™ ombudsman than childrenâ€™s ombudsman. There is a childrenâ€™s alliance in Azerbaijan. There are about 30 NGOs dealing with the protection of childrenâ€™s rights. They should be involved in cooperation with Ombudsmanâ€™s Office. There is no need to amend the legislation,â€ he said.

â€œIncrease of suicide cases among children is a serious signalâ€

Deputy of Milli Majlis Gular Ahmadova noted that the idea of establishment of childrenâ€™s omdusman in Azerbaijan needs to be discussed seriously. According to her, Heydar Aliyev Foundation has taken very serious measures in the direction of solution of childrenâ€™s problems in the country. The foundation carries out huge projects related to children in education, healthcare and social fields.

â€œEstablishment of ombudsman on information issues is a law of demandâ€

Director of the Baku-based Media Rights Institute Rashid Hajili told APA that the law on information envisaged the establishment of ombudsman on information issues. After the adoption of the law, ombudsman on information issues had to be established within 6 months.

According to Arif Aliyev, Chairman of the â€œYeni Nesilâ€ (New Generation) Union of Journalists, establishment of ombudsman on information issues is a law of demand. In early 2000, some officials in the country thought that the state budget did not allow the establishment of such institute. I agreed with them, because our state budget was not enough to take measures in this respect. But today, the situation is different. Azerbaijanâ€™s state budget is enough to establish this organization.

Chairman of Azerbaijan Press Council Aflatun Amashov told APA that the establishment of ombudsman on information issues has been reflected in the last item of law on information. â€œWe should seriously focus on this issue of primary importance. Information Ombudsman had to be established by 2006. Four years have passed since then. Therefore this issue must be discussed comprehensivelyâ€.