- A
- B
- C
- D
- E
- F
Azerbaijan’s GI ranking in Band E places it in the very high risk category for corruption in the defence and security sector. The highest risk areas are Procurement and Operations, which fell in Band F (critical risk of corruption).
Legislative Oversight
The constitution of Azerbaijan formally affords Parliament - the Milli Majlis – the power to oversee and scrutinize defence policy. In practice, however, the legislature lacks independence and influence. Key decisions regarding defence policy are usually made by executive order rendering Parliamentary debate on defence issues a largely symbolic enterprise. Parliament had little to no influence over the country’s National Security Concept, adopted in 2007, nor its official Military Doctrine, adopted in 2010. While the Milli Majlis has a legislative committee that exercises budgetary oversight over national defence issues, Parliament plays virtually no role in shaping the budget and does not amend it.
We recommend that the Government enhance legislative oversight by relying less frequently on executive orders. To oversee the defence sector more effectively, we recommend that Parliamentary committees be granted more extensive oversight powers: they should have access to a fully detailed defence budget and internal audit reports; be able to call expert witnesses and scrutinise defence agencies and institutions; meet regularly; and publish reports on their activity.
Budget Transparency
The state budget released annually by the Milli Majlis lacks detail and provides only aggregated sums. While Azerbaijan increased its defence spending by 27% in 2015, little information is available regarding how spending has been allocated. Azerbaijan publishes how much money is spent on defence and "applied research in the field of defence and security;” yet no information could be found on how much money is spent on acquisitions or the disposal of assets.
In addition, there is little evidence of effective internal or external audits. While Azerbaijan passed the Internal Audit Act in 2007 to establish an internal audit system, the country has yet to fully implement it. With regards to external audits, there is no available evidence that defence or security spending has ever been audited by the public auditor or another body.
We recommend that the government publish an annual defence budget that includes detailed information on expenditure across functions. It should also include publish more information on its sources of defence income and the asset disposal process. The government should increase its efforts to implement the Internal Audit Act and subject defence spending to external auditing by the Court of Auditors.
Procurement
Azerbaijan has extensive formal legislation surrounding procurement procedures and protocols. The 2001 Public Procurement Law (2001), for example, details the basic standards of transparency and competition for the country’s acquisition and tendering, while the 2012-2015 National Anti-Corruption Plan has a section devoted to standards in procurement and calls for a national public procurement plan. Additionally, Azerbaijan’s central procurement, State Procurement Agency (SPA), has formal powers of oversight regarding procurement decisions. Nonetheless, evidence suggests that formal legislation is not effective. Not only do procurement agencies not publish their procurement plans, there is evidence that rules are frequently broken. The government has begun publicly listing Request for Information/Request for Quote about tenders on a website (as stipulated in the National Anti-Corruption Action Plan), but the information is largely incomplete and opaque. The SPA, while it has many functions, it doesn’t have the tools necessary to sanction fraud and monitor effectively. The defence procurement cycle process - from assessment of needs, through contract implementation and sign-off, all the way to asset disposal - is not fully disclosed to the public.
We recommend that the government enhance the powers of the SPA to sanction companies for malpractice and that the defence procurement cycle be disclosed to the public.
Is there formal provision for effective and independent legislative scrutiny of defence policy?
1) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 12-14.
2) Radio Free Europe/ Radio Liberty, “Azerbaijani Parliament Moves to Shield Aliyev, Family From Scrutiny,” (June 14, 2012).
3) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013).
4) Constitution of the Republic of Azerbaijan, &quoute;http://azerbaijan.az/portal/General/Constitution/doc/constitution_e.pdf&quoute;
5) Herron, Erik. &quoute;Elections and Democracy After Communism?&quoute; Palgrave Macmillan, May 26, 2009. (p. 86-87)
6) Azerbaijan votes in parliamentary elections amid boycott, BBC News, 1 November 2015, http://www.bbc.co.uk/news/world-europe-34692390
Opinion: Agree with Comments
Comment: Suggest references to the relevant Constitutional provisions: The Constitution of the Republic of Azerbaijan, http://en.president.az/azerbaijan/constitution/#PEOPLE'S POWER
On separation of powers:
&quoute;Article 7.1.IV: According to provisions of the present Constitution legislative, executive and judicial power interact and are independent within the limits of their authority.&quoute;
&quoute;Article 94: General rules established by Milli Majlis of the Azerbaijan Republic, 1.18 defence and military service, 1.20. basis of security;&quoute;
--
&quoute;Article 109. Competence of the President of the Azerbaijan Republic
26. takes decision about calling up citizens of the Azerbaijan Republic to urgent military service and transfer to the reserve of soldiers of urgent military service;
27. forms Security Council of the Azerbaijan Republic;
28. submits recommendation to Milli Majlis of the Azerbaijan Republic about consent for use of Military Forces of the Azerbaijan Republic in implementation of duties other than their normal duties;
29. announces state of emergency and martial law;
30. on consent of Milli Majlis of the Azerbaijan Republic announces a war and concludes peace agreements;
31. forms special security bodies within the limits of sums allotted from state budget of the Azerbaijan Republic;&quoute;
-- The Constitution fails to adequately protect 'effective and independent legislative scrutiny of defence policy' because the President's power is unchecked in a number of key respects. The President's power is absolute when it comes to no. 29 and 31; Parliamentary approval is not required. No. 30 does not specify what 'consent' entails - i.e. simple majority? super majority? Is it even put to a vote?
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Does the country have an identifiable and effective parliamentary defence and security committee (or similar such organisation) to exercise oversight?
Formally, there is a standing committee for defence and security in Azerbaijan’s parliament. However, the committee has very limited powers to exercise oversight, and at best can issue only non-binding opinions on draft pieces of legislation. Outside of parliament, there is a security council that is chaired by the president. However, rather than providing oversight it is an advisory and coordination body composed of the main security ministries and civilian leadership without consistent representation from parliament.
1) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 14.
2) Inter-Parliamentary Union, Parline Database, http://www.ipu.org/parline-e/parlinesearch.asp (Accessed April 22, 2014).
3) http://en.president.az/administration/security_council/, accessed on 10 November 2014
4) http://www.meclis.gov.az/?/az/content/196, accessed on 10 November 2014
5) http://en.president.az/administration/security_council/, accessed on November 13. 2014
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Is the country's national defence policy debated and publicly available?
Currently, there are two major national security and defence policies. The first, the National Security Concept, was created in 2007, with considerable advice and input from NATO advisers, but without any significant public debate or substantial consultation of civil society groups or parliament. A version of the National Security Concept is available here: www.azembassy.org.au/uploads/docs/Azerbaijan.pdf.
The second major policy is the military doctrine, which was adopted by parliament on June 8th, 2010. Similar to the National Security Concept, the military doctrine was adopted in secret without any public debate or meaningful consultation with civil society organizations. This is consistent with most discussions of military doctrine, which typically occur behind closed doors. There is no version of the military doctrine easily available or in the public domain.
1) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 15.
2) Radio Free Europe/ Radio Liberty, “Azerbaijan Adopts Military Doctrine At Long Last,” (June 9, 2010).
3) National Security Concept, www.azembassy.org.au/uploads/docs/Azerbaijan.pdf.
Opinion: Agree with Comments
Comment: The website of the Ministry of National Security lists the relevant laws and decrees, but does not provide the texts (what look like hyperlinks do not lead anywhere; the names of the laws are simply underlined and flash up again when clicked).
Ministry of National Security of the Republic of Azerbaijan official website, available in English, Azerbaijani, and Russian. http://www.mns.gov.az/en
See e.g. http://www.mns.gov.az/az/pages/73.html
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Do defence and security institutions have a policy, or evidence, of openness towards civil society organisations (CSOs) when dealing with issues of corruption? If no, is there precedent for CSO involvement in general government anti-corruption initiatives?
While there are protections for freedom of association and civil society organisations in law (Article 47), in practice civil society groups in the country are confronted with widespread persecution and are rarely consulted about policy in a meaningful way. This is especially true regarding defence and security policy, which is normally formulated in secret, without input from civil society. An anti-corruption monitoring team from the OECD has also reported that civil society involvement in general anti-corruption initiatives also remains limited across the country. This perspective has been confirmed in an interview with an expert, who has also stated that CSO involvement in dealing with corruption tends to be formalistic and with limited impact.
1) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 11.
2) OECD, “Third Round of Monitoring Report: Azerbaijan,” OECD Anti Corruption Network for Eastern Europe and Central Asia Istanbul Anti-Corruption Action Plan (September 25, 2013): 15.
3) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 15.
4) Interview with Interviewee 1, via Skype, July 3 2014.
Opinion: Agree with Comments
Comment: It is not clear why the constitutional guarantee on freedom of association is relevant in the CA's original comments - that provision guarantees individuals' right to associate with one another and to form groups, not to interact with the government.
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Opinion: Agree
Comment:
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Opinion: Agree with Comments
Comment: With some prominent civil society activists in prison on charges of espionage and treason and in view of heightened crackdown on NGOs, cooperation between defence/security institutions and CSOs seems implausible.
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Has the country signed up to international anti-corruption instruments such as, but not exclusively or necessarily, UNCAC and the OECD Convention? (In your answer, please specify which.)
Azerbaijan has signed a number of international anti-corruption instruments, including the United Nations Convention Against Corruption (UNCAC) and the Extractive Industries Transparency Initiative (EITI), and the Open Government Partnership. However, a number of groups (Human Rights Watch, Freedom House) have argued that despite signing international agreements, the facts on the ground have not changed.
There is a broad recognition that corruption remains pervasive and entrenched. For instance in 2013, Azerbaijan received a “weak” score of 48, ranking 28th out of 58 countries on the Revenue Watch Institute’s Revenue Governance Index. Moreover, Azerbaijan has not signed on to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, an area of corruption the country is particularly prone to. In addition, Azerbaijan scores very poorly in the corruption category in the Freedom House register: on a 1-7, it scores 6.75).
1) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 7-8.
2) Lisa Misol, “Dispatches: Azerbaijan Marks ‘Transparency’ Anniversary with Tightened Repression,” Human Rights Watch (September 25, 2013).
3) United Nations Office on Drugs and Crime, United Nations Convention Against Corruption (Accessed April 22, 2014): https://www.unodc.org/unodc/en/treaties/CAC/signatories.html
4) Organization for Economic Cooperation and Development (OECD), OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (Accessed April 22, 2014): http://www.oecd.org/daf/anti-bribery/WGBRatificationStatus_April2014.pdf
5) Extractive Industries Transparency Initiative (EITI), EITI Countries (Accessed April 22, 2014): http://eiti.org/countries
6) Freedom House, 'Nations in Transit 2014', available at http://www.freedomhouse.org/sites/default/files/NIT2014%20booklet_WEBSITE.pdf, at pp. 10-11. Azerbaijan scores very poorly in the corruption categor
Opinion: Agree with Comments
Comment: Additional reference
Freedom House, 'Nations in Transit 2014', available at http://www.freedomhouse.org/sites/default/files/NIT2014%20booklet_WEBSITE.pdf, at pp. 10-11. Azerbaijan scores very poorly in the corruption category (scale is 1-7, with 7 as the highest - it scores 6.75).
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Opinion: Agree
Comment:
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Opinion: Agree with Comments
Comment: Azerbaijan’s overall anti-corruption performance has minimally improved over the last year and the government has demonstrated a certain level of willingness to implement National Anti-Corruption Strategy and Open Government Initiative Action Plans, however, the big picture remains generally unchanged.
Two other examples of government’s anti-corruption efforts include:
-tASAN Service centers, where various public agencies provide their services free of petty corruption and in an efficient manner. More info about the organization and its work at this link: http://www.asan.gov.az/
-tE-government is slowly taking hold with numerous agencies introducing e-services to the citizens. Notwithstanding the government’s efforts in this sphere, there is a long way to go to make e-services’ impact visible. Please, see a recently released report on e-government by Transparency International Azerbaijan for more insight: http://transparency.az/alac/files/E-services%20final%20report%20%20eng%20TI%20Az.pdf
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Is there evidence of regular, active public debate on issues of defence? If yes, does the government participate in this debate?
There are no regular or meaningful public debates about the issue of defence. Most discussions about policy are held in private and do not involve the general public. The government does not have a public information strategy for issues of defence and security and has not made any significant effort to increase awareness or understanding of defence or national security issues amongst the general public. To illustrate, the Ministry of National Security's (MNS) website contains almost no useful information for the public when it comes to national defence policy or relevant legislation. The information available is mainly on the Nagorno Karabakh conflict, a well-publicised issue, and celebrating historical achievements of the MNS.
Response to Peer Reviewer: Comments added.
1) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 5.
2) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 14-15.
3) Website of the Ministry of National Security of Azerbaijan, http://www.mns.gov.az/en/, accessed on November 13, 2014.
Opinion: Agree with Comments
Comment: The Reviewer's comment does not really give any concrete information.
I recommend adding that the Ministry of National Security's website contains almost no useful information for the public when it comes to national defence policy or relevant legislation. The information available is mainly on the Nagorno Karabakh conflict, a well-publicised issue, and celebrating historical achievements of the MNS.
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Opinion: Disagree
Comment: Score=0.
There is no evidence which suggests a meaningful public debate on defence issues in Azerbaijan.
Suggested score: 0
Opinion: Agree
Comment:
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Does the country have an openly stated and actively implemented anti-corruption policy for the defence sector?
Corruption remains a major problem in Azerbaijan, the government commissioned the &quoute;National Anti-Corruption Action Plan&quoute; in 2012-2013, which includes recommendations related to whistle-blower protections in corruption-related cases and less immunity for judges accused of corrupt practices.
Response to Peer Reviewer: Score changed from 0 to 2 in light of National Anti-Corruption Action Plan which includes the State Agency for Public Procurement and appears to include Defence Procurement.
1) Source: OECD, “Third Round of Monitoring Report: Azerbaijan,” OECD Anti Corruption Network for Eastern Europe and Central Asia Istanbul Anti-Corruption Action Plan (September 25, 2013): 15
2) National Anti-Corruption Action Plan (2012-2015),
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree with Comments
Comment: The government has not adopted a measurable anti-corruption policy for Azerbaijan’s defence sector. However, it is important to note the change of rhetoric after the appointment of a new defence Minister. He has stated on a number of occasions his determination to combat corruption among the military’s personnel and also undertaken major housecleaning in the ministry. Yet, in the final analysis it is difficult to say whether these dismissals are indicative of political will to fight corruption or intra-institutional power struggle, or both.
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Are there independent, well-resourced, and effective institutions within defence and security tasked with building integrity and countering corruption?
There is no evidence of independent institutions within the defence or security sectors specifically charged with building integrity and countering corruption. There are a number of government-wide anti-corruption institutions, though all face significant challenges fulfilling their mandates especially in the defence sector. There is, for instance, a civilian ombudsman, but its office is weak and is not permitted to visit military units without prior authorization from the Ministry of Defence.
1) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 9.
2) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 9.
Opinion: Agree with Comments
Comment: Has such permission ever been granted?
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Does the public trust the institutions of defence and security to tackle the issue of bribery and corruption in their establishments?
Corruption in Azerbaijan is generally perceived as extremely centralized, although formal ideas about who exactly is leading the system vary. Most external observers, citizens and private enterprises operating within the country perceive corruption to be endemic and deeply institutionalized in all spheres of public life. With respect to the security services, according to Transparency International’s Global Corruption Barometer 2013, 29 per cent of respondents in Azerbaijan perceive the military to be corrupt, while 41 per cent believe that the police are corrupt. 27 per cent of respondents believed that corruption had increased over the past year while 32 per cent thought it was just as bad.
The appointment of a new Defence Minister, Zakir Hasanov, in 2013 is perceived by the public as a response to their concerns about the sheer scale of corruption in the military’s ranks. In the words of Yerevan-based analyst Richard Giragosian, “… with the new Azerbaijani defence Minister, the risk of war over Karabakh has just increased three-fold, as this move may signal the start of real defence reform and adoption of a serious offensive posture, as well as a possible end to corruption within the Azerbaijani Ministry of defence.”
Response to Peer Reviewer: Comments incorporated
1) Hannes Meissner, “Informal Politics in Azerbaijan: Corruption and Rent-Seeking Patterns,” Caucus Analytical Digest, No 24 (February 11, 2011): 7.
2) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 2.
3) Transparency International, Global Corruption Barometer 2013: Azerbaijan, http://www.transparency.org/gcb2013/country/?country=azerbaijan (Accessed April 22, 2014)
4) Bribe Payers Index Global Corruption Barometer http://www.transparency.org/research/bpi/overview (Accessed November 13, 2014).
5)Freedom House, Nations in Transit 2014, pp. 10-11. At http://www.freedomhouse.org/sites/default/files/NIT2014%20booklet_WEBSITE.pdf (Accessed November 13, 2014)
6) The Central Asia-Caucus Analyst, http://www.cacianalyst.org/publications/field-reports/item/12865-azerbaijans-president-appoints-new-minister-of-defence.html.
Opinion: Agree with Comments
Comment: Suggest additional reference:
Freedom House, Nations in Transit 2014, pp. 10-11. At http://www.freedomhouse.org/sites/default/files/NIT2014%20booklet_WEBSITE.pdf
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Opinion: Agree
Comment:
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Opinion: Agree with Comments
Comment: In a sense, the appointment of a new defence Minister is perceived by the public as a response to their concerns about the sheer scale of corruption in the military’s ranks. It does not appear a coincidence that one of the few changes to the new cabinet after 2013 elections included a new defence Minister, in the aftermath of the protests against unaccounted for non-combat deaths, hazing and other problems in the army.
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Are there regular assessments by the defence ministry or another government agency of the areas of greatest corruption risk for ministry and armed forces personnel, and do they put in place measures for mitigating such risks?
There is no evidence of regular assessments being carried out by the Azerbaijan Ministry of Defence. Similarly, there is no evidence that the Government's Commission on Combating Corruption (an anti- corruption agency established in 2005) uses such assessments in its work. See, for example, the Action Plan on Open Government and Action Plan, cited above. Some form of risk assessment is probably practiced but if it is, it appears to be entirely non-transparent.
1) Republic of Azerbaijan Commission on Combating Corruption, “Information of the Commission on Combating Corruption on adoption of Action Plan on Open Government and Action Plan on Combating Corruption of the Republic of Azerbaijan” (July 9, 2012). http://www.commission-anticorruption.gov.az/view.php?lang=en&menu=3&id=301
2) Government of Azerbaijan, Ministry of defence of Republic of Azerbaijan (Accessed June 28, 2014). http://www.azerbaijans.com/content_525_en.html
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Does the country have a process for acquisition planning that involves clear oversight, and is it publicly available?
Public procurement in Azerbaijan is regulated by the Public Procurement Law of 2001, which outlines the basic standards of transparency and competition for the country’s acquisition and tendering. However, there is a broad consensus amongst analysts that procurement legislation is not effective in practice. Current legislation in Azerbaijan does not oblige procuring institutions to develop or publish procurement plans, and there are many examples of rules being broken. The government has begun publicly listing RFPs/RFQs and announcements about tenders on a website, but the information is currently not complete and often unclear. And while single source procurement is on the decline, information about the value of single-source procurement is not available, and it is unclear how much procurement is not reported. Azerbaijan has a State Procurement Agency (SPA), which is the central body in charge of procurement. However, its supervisory resources are limited and it has very little, if any, actual authority to sanction instances of superfluous procurement.
An OECD anti-corruption monitoring team found that while the SPA has a broad mandate, it lacks the necessary tools and resources for implementation, a situation that has left the agency “quite weak in practice.” In terms of procurement in the security sector, there is a lack of transparency and parliamentary oversight of tenders for military construction, food and other purchases for the army. This situation has allowed proxy companies to receive preferential treatment and inflate prices.
Response to Peer Reviewers: Comments and sources incorporated.
1) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 5.
2) OECD, “Third Round of Monitoring Report: Azerbaijan,” OECD Anti Corruption Network for Eastern Europe and Central Asia Istanbul Anti-Corruption Action Plan (September 25, 2013): 72.
3) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 7.
4) Nushabe Fatullayeva and Khadija Ismayilova, “Azerbaijani Government Awarded Gold-Field Rights to President’s Family,” Radio Free Europe/ Radio Liberty (May 3, 2012).
5) National Integrity System of Azerbaijan, http://transparency.az/alac/files/NIS_AZERBAIJAN%20final%20Eng.pdf.
Opinion: Agree with Comments
Comment: - Suggest replacing &quoute;SPA has a lot of functions...&quoute; with &quoute;SPA has a broad mandate but lacks the necessary tools and resources for implementation&quoute;
- clarify meaning of &quoute;proxy companies&quoute;
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Opinion: Agree
Comment:
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Opinion: Agree with Comments
Comment: For more information also see NIS Report Section on Public Procurement (link: http://transparency.az/alac/files/NIS_AZERBAIJAN%20final%20Eng.pdf). Procurements by public agencies are off-limits to CSOs, including the mass media. Particularly, acquisitions by defence and security agencies are made in the dark, rendering it highly vulnerable to corrupt practices.
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Is the defence budget transparent, showing key items of expenditure? This would include comprehensive information on military R&D, training, construction, personnel expenditures, acquisitions, disposal of assets, and maintenance.
The government of Azerbaijan provides only limited information on its budget process, which overall lacks transparency. The state budget (link above) publishes how much money is spent on defence and &quoute;applied research in the field of defence and security.&quoute; However, no information could be found on how much money is spent on acquisitions or the disposal of assets.
Score changed to 1 from 0 as more recent source found with 2015 published budget however, the defence budget is transparent only in a very limited way.
1) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 5.
2) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 14
3) Shahin Abbasov, Azerbaijan: Baku Embarks on Military Spending Surge, Seeking Karabakh Peace
October 22, 2010, www.Eurasianet.org (Accessed November 13,2014)
4)Guy Anderson, &quoute;Azerbaijan announces 3.1% defence budget increase&quoute;, IHS Jane's 360, October 13,2014
5)Azerbaijan To Boost defence Spending in 2013, Defence News,
Novembe. 30, 2012
6) John C. Daly, &quoute;Azerbaijan’s defence Spending Hits $4.8 Billion&quoute;, Silk Road Reporters, November 25 , 2014, Published by John C. K. Daly
7) State Budget www.maliyye.gov.az/sites/default/files/Budget_law_2015.pdf
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Is there a legislative committee (or other appropriate body) responsible for defence budget scrutiny and analysis in an effective way, and is this body provided with detailed, extensive, and timely information on the defence budget?
Formally, Azerbaijan has a legislative committee that exercises budgetary oversight over national defence. However, in practice, despite its formal oversight power and the seemingly transparent nature of the budget debate, there is little democratic control by parliament and its committees. Parliament plays virtually no role in preparing the defence budget and has never amended it. Deputies in the legislature receive only general information under the category of “defence expenditures”. This money is basically divided among four ministries—defence, national security, military industry and state border service. The standing committee for defence and security has limited powers and issues only non-binding opinions on draft laws. While the budget debate in parliament is conducted in a transparent manner, in the absence of real opposition representatives in the parliament, there are no significant debates around any substantive issues and the process is mostly formal in nature (Chene , p.5).
1) Inter-Parliamentary Union, Parline Database, http://www.ipu.org/parline-e/parlinesearch.asp (Accessed April 22, 2014).
2) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 5.
3) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 14
4)Parliamentary Assembly of the Council of Europe, Doc. 13084, December 20, 2012
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree with Comments
Comment: Judging by the history of hasty debates around the state budget in the parliament, a detailed analysis of defence budget seems infeasible.
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Is the approved defence budget made publicly available? In practice, can citizens, civil society, and the media obtain detailed information on the defence budget?
The defence budget is not made publicly available, and it is difficult for parliamentarians let alone citizens, society, or the media to obtain detailed information. One can assume that so long as the war over Ngorno-Karabakh persists, frozen as it may be, Azerbaijan will want to maintain a certain level of secrecy surrounding its defence spending.
1) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 5.
2) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 2
Opinion: Agree with Comments
Comment: It is also worth noting that while national security may justify a level of secrecy in the budget, it is also the case that Azerbaijan regularly publicises its arms acquisitions (via state-owned national media outlets).
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Opinion: Agree with Comments
Comment: Over the past month Azerbaijan and Armenia have had significant armed clashes and it is harder to speak of NK as a frozen conflict today.
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Opinion: Agree with Comments
Comment: Only researchers with contacts in the parliament can access the state budget’s content in general. The defence budget aside, even the state budget’s other sections are not made publicly available.
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Are sources of defence income other than from central government allocation (from equipment sales or property disposal, for example) published and scrutinised?
Notwithstanding the fact that President Aliyev has committed himself to fixing the military budget as his top priority, the government does not provide details of defence income or spending, including that from outside central government allocation. Alternative sources of defence income, if or where they exist, are not published or publicly scrutinized. Azerbaijan only recently created a Ministry of Defence Industry in 2005. It is also unclear what the connection is between the resource extraction industry and the defence sector, aside from the fact that Azerbaijan has poured significant oil revenue into its military budget over the past few years in a process lacking transparency or detail.
1) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 17
2) Jasur Sumerinli, “Shake-Up at Azerbaijan’s Defence Ministry: Minister had to go after diplomatic debacle, but his departure provides a chance to sort out chronic problems in the army” CRS, Issue 708 (November 4, 2013).
3) Shahla Sultanova and Yekaterina Poghosyan, “Neighbourhood Watches as Azerbaijan Arms Up: Unable to match Baku’s big spending, Armenia relies on special relationship with Moscow,” CRS, Issue 695 (July 25, 2013).
4) Website of the Azerbaijan Ministry of the Defence Industry - http://www.mdi.gov.az/. (Accessed on November 13 , 2014)
Opinion: Agree with Comments
Comment: Suggest citing website - http://www.mdi.gov.az/
Also suggest adding that there is very little information available on the site (e.g. nothing under &quoute;tenders&quoute;); the majority of content is reporting of achievements by employees.
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Is there an effective internal audit process for defence ministry expenditure (that is, for example, transparent, conducted by appropriately skilled individuals, and subject to parliamentary oversight)?
According to 3) above, Azerbaijan passed the Internal Audit Act in 2007 to establish an internal audit system. According to Transparency International's National Integrity Assessment, conducted in 2013, the country is still in the process of implementing it.
Because there is no evidence of any effective internal audit process for the defence sector or any other department of government.
1) Inter-Parliamentary Union, Parline Database, http://www.ipu.org/parline-e/parlinesearch.asp (Accessed April 22, 2014).
2) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 14.
3) Asian Development Bank, Country Partnership Strategy: Azerbaijan, 2014–2018,
www.adb.org/sites/default/files/linked.../cps-aze-2014-2018-sd-03.pdf (Accessed on April 20, 2015)
Azerbaijan passed the Internal Audit Act in 2007, but the law still has not been implemented. Government entities typically lack effective internal audit systems that would identify deficiencies in accounting and reporting, 11, 14
4) Transparency International, http://transparency.az/alac/files/NIS_AZERBAIJAN%20final%20Eng.pdf, 2013.
Opinion: Agree with Comments
Comment: Is there a schedule for the reviewing process?
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is there effective and transparent external auditing of military defence expenditure?
There is no available evidence that defence or security spending has ever been externally audited by the public auditor or any other body.There is a public audit body appointed by parliament that audits government spending and reports back to Parliament twice a year. However according to the IPU profile of the Azerbaijan parliament, it does not review the security ministries.
1) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 14
2) Shahla Sultanova and Yekaterina Poghosyan, “Neighbourhood Watches as Azerbaijan Arms Up: Unable to match Baku’s big spending, Armenia relies on special relationship with Moscow,” CRS, Issue 695 (July 25, 2013).
3) Jasur Sumerinli, “Shake-Up at Azerbaijan’s Defence Ministry: Minister had to go after diplomatic debacle, but his departure provides a chance to sort out chronic problems in the army” CRS, Issue 708 (November 4, 2013).
4) Inter-Parliamentary Union, Parline Database, http://www.ipu.org/parline-e/parlinesearch.asp (Accessed April 22, 2014).
5) According to the National Integrity Review, &quoute;the Chamber of Accounts in Azerbaijan is formally required to conduct regular external audits of state institutions.&quoute; On the Chamber of Accounts website, I only found summaries and no reference to the defence sector. See: http://www.ach.gov.az/?/en/content/452/
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is there evidence that the country's defence institutions have controlling or financial interests in businesses associated with the country's natural resource exploitation and, if so, are these interests publicly stated and subject to scrutiny?
There is no available direct evidence of defence institutions controlling or having interests in businesses associated with the natural resource sector. That said, the oil sector is considered a major source of fraud and corruption in Azerbaijan. Most reports highlight the industry’s extreme lack of transparency, which enables rent-seeking behaviour by the ruling elite, who are believed to misuse their public positions to siphon off oil and gas revenues. There have also been significant transfers of oil revenues into the budgets of defence and security institutions in Azerbaijan in a process that lacks transparency. According to an article by News. Az, the President of the State Oil Company of Azerbaijan Republic announced that Azerbaijan was to start production of national warships after 2013, a curious matter for him to raise unless his company was entwined with the defence industry. The article further noted, &quoute;noted that Azerbaijan has already received numerous orders for purchase of new ships, renewal of the ship park and building navy vessels: 'In addition, we have already launched the program of building sailing facilities.'&quoute; While research has revealed no direct evidence, there are clearly links between the national resources and defence sectors, and these are neither publicly stated or subject to scrutiny. An interview with an expert has confirmed that while Azerbaijan has good legislation on the disclosure of assets by government officials, it is poorly implemented in practice.
1) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 7.
2) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 17.
3) Azerbaijan to produce ships, News.Az, 4 April 2011, www.news.az/articles/economy/33686
4) Interview with Interviewee 1, via Skype, July 3 2014.
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is there evidence, for example through media investigations or prosecution reports, of a penetration of organised crime into the defence and security sector? If no, is there evidence that the government is alert and prepared for this risk?
Azerbaijan ratified the UN Convention against Transnational Organized Crime on May 13, 2003. That said, in recent years Azerbaijan has become a major transit point for drug and human trafficking. (See 7 above). Some investigative journalism suggests that the enormous wealth and influence accrued by major drug dealers has allowed them to avoid arrest, in essence providing virtual impunity. According to the Centre for Legal Assistance to Migrants in Baku, as many as 60 per cent of people arrested on trafficking charges are set free or given light punishments with no jail time. The Centre for Legal Assistance to Migrants alleges that criminal sweeps purposely avoid the most powerful clientele, and that not a single government official has been charged in an effort to protect the patrons of criminal enterprise.
According to media reports, Azerbaijan authorities were silent in response to Georgia’s seizing of estimated $175 million worth liquid heroin transported through Azerbaijan in 2014. Commenting on this, an Ex-counterintelligence officer Arastun Orujlu, director of the pro-opposition East-West Research Center, observed that “[E]ither Azerbaijan’s border control or customs do not do their jobs properly or . . . these [drug] syndicates have strong patrons in these bodies.” (See 8 above). The National Council of Democratic Forces, a bloc of Azerbaijan’s largest opposition parties has condemned the government for saying nothing about the heroin operation, but making “very loud” announcements about the arrest of “civil-society activists on false drug-possession charges.” However, links with the defence sector could not be found.
Respond to Peer reviewer: Score increased to 3 from 1 as it is not clear if this has penetrated the defence and security sector.
1) Namik Ibragimov, “Azerbaijan: Drug Trafficking Scourge Grows,” CRS Issue 181 (May 22, 2003).
2) Jean-Christophe Peuch, “South Caucasus: Region Growing As Hub for International Drug Trafficking,” Radio Free Europe/ Radio Liberty (March 9, 2004).
3) Radu Benea and Khadiji Ismayilova, “Weak Laws, Energy Wealth Fuel Rise In Sex Trade,” Radio Free Europe/Radio Liberty, (July 7, 2008).
4) OECD, “Third Round of Monitoring Report: Azerbaijan,” OECD Anti Corruption Network for Eastern Europe and Central Asia Istanbul Anti-Corruption Action Plan (September 25, 2013): 51
5) David Law and Eric Muller, &quoute;Corruption’s Poster Child? Understanding the Challenge to Azerbaijan’s Security Sector&quoute;, May 14, 2014, http://www.ssrresourcecentre.org/2014/05/14/corruptions-poster-child-understanding-the-challenge-to-azerbaijans-security-sector/ (Accessed May 21 2015)
6) Kamal Makili Aliyev, &quoute;Azerbaijan&quoute;, http://cenaa.org/analysis/azerbaijan/ (Accessed May 21,2015)
7) Dr. Farhad MEHDIYEV and Azer ALLAKHVERANOV, &quoute;Azerbaijan in Smuggling Chain&quoute;,
http://www.academia.edu/210610/Azerbaijan_in_Smuggling_Chain. 12, (Accessed 21 April 2015)
8)Shahin Abbasov, &quoute;Azerbaijan Keeps Mum about Bust on Georgia Heroin Highway
July 25, 2014&quoute;, http://www.eurasianet.org/node/69206 (Accessed 21 April 2015)
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: As the reviewer himself/herself states in the comments section there is no evidence of the link between the two. So the suggested score appears to be an error.
Suggested score: 3
Opinion: Agree with Comments
Comment: Of relevance to this subject could be Georgia’s seizing of estimated $175 million worth liquid heroin transported through Azerbaijan.
Link: http://www.eurasianet.org/node/69206
Suggested score:
Is there policing to investigate corruption and organised crime within the defence services and is there evidence of the effectiveness of this policing?
There is no available evidence of specific policing to investigate crime within the defence services, and it is difficult to determine the extent to which this happens. The military in Azerbaijan does not publish the results of investigations into negative incidents. However, the OECD anti-corruption monitoring team found that the absence of cases regarding organized crime and corruption being detected and referred to the Anti-Corruption Department is not an encouraging indicator that anti-corruption policing takes place with sufficient vigor. There have been several instances of corruption cases brought against officers, however, these tend to be brought selectively against those who have been critical of the regime. (See 3 above.)
1) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 15.
2) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 9.
3) OECD, “Third Round of Monitoring Report: Azerbaijan,” OECD Anti Corruption Network for Eastern Europe and Central Asia Istanbul Anti-Corruption Action Plan (September 25, 2013): 51.
4) &quoute;Azerbaijan&quoute;, https://freedomhouse.org/report/nations-transit/2014/azerbaijan#.VTaz6ZP4FYI (Accessed April 21, 2015)
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are the policies, administration, and budgets of the intelligence services subject to effective, properly resourced, and independent oversight?
There is little available information on the Azeri intelligence services that provides any analysis of their activities or discusses their oversight. However, it is reasonable to assume that given the limited oversight of defence spending, there is no independent, effective or properly resourced intelligence oversight.
1) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 5.
2) Спецслужбы Азербайджана (Intelligence Services of Azerbaijan), (Accessed June 28, 2014): http://www.agentura.ru/dossier/azer/
3)Government of Azerbaijan, Ministry of National Security of Azerbaijan Republic (Accessed June 28, 2014): http://www.mns.gov.az/en/
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are senior positions within the intelligence services filled on the basis of objective selection criteria, and are appointees subject to investigation of their suitability and prior conduct?
According to a 2008 report by International Crisis Group on Azerbaijan's secret services, positions within the intelligence sector are often purchased by people unqualified for such work. In addition, reports indicate that senior ranks have tended to be filled as the result of political infighting between forces favourable to the head of state and those of his opponents. The situation within the forces is complicated further by the fact that they were essentially beholden to Moscow during the Soviet period, and while substantial purges were carried out after Azerbaijan's independence in 1992, certain elements within the services maintain are reported as maintaining ties with Russia.
1) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 11.
2) Спецслужбы Азербайджана (Azerbaijan's Secret Services) http://www.agentura.ru/dossier/azer/ (Accessed June 28, 2014)
3)Rovshan Ismayilov, “Azerbaijan: Russian Espionage Case Has Minimal Impact on Baku’s Ties with Moscow,” EURASIANET.org (February 28, 2008): http://www.eurasianet.org/departments/insight/articles/eav022908.shtml
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: It would be important to back up the allegation of Azerbaijan-Russian secret service ties with more evidence.
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Does the government have a well-scrutinised process for arms export decisions that aligns with international protocols, particularly the Arms Trade Treaty (ATT)?
There is no available evidence of Azerbaijan exporting arms to other countries. In fact, as a result of NATO sanctions Azerbaijan still has trouble importing sufficient arms to support its arms race with Armenia. It only created a Ministry of Defence Industry in 2005, and the only evidence we discovered of its involvement in selling arms it has manufactured is its participation in a military hardware conference in Malaysia in April 2014. Azerbaijan has not signed or ratified the Arms Trade Treaty.
1) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008):
2) APA, “Azerbaijan demonstrates defence products in Malaysia,” http://en.apa.az/xeber_azerbaijan_demonstrates_defence_products_209823.html (April 14, 2014).
3) United Nations Office for Disarmament Affairs, The Arms Trade Treaty, http://www.un.org/disarmament/ATT/ (Accessed April 22, 2014).
4) “Future of the Azerbaijani defence Industry – Market Attractiveness, Competitive Landscape and Forecasts to 2018”, at https://www.academia.edu/7509189/Azerbaijani_defence_Industry_Attractiveness_Competitive_Landscape_and_Forecasts_to_2018. Summary of findings available for free, see p.3: &quoute;4.2.1. Azerbaijan's defence export market is negligible&quoute;
Opinion: Agree with Comments
Comment: Additional reference -
“Future of the Azerbaijani defence Industry – Market Attractiveness, Competitive Landscape and Forecasts to 2018”, at https://www.academia.edu/7509189/Azerbaijani_defence_Industry_Attractiveness_Competitive_Landscape_and_Forecasts_to_2018. Summary of findings available for free, see p.3: &quoute;4.2.1. Azerbaijan's defence export market is negligible&quoute;
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Not Qualified
Comment:
Suggested score:
How effective are controls over the disposal of assets, and is information on these disposals, and the proceeds of their sale, transparent?
Control over privatizing state-owned property and the disposal assets in Azerbaijan is outlined by the Law of the Republic of Azerbaijan on the Privatization of State-Owned Property, which was passed by presidential decree in 2000. Paragraph 6.2.4 of this law stipulates that property being used by the security services (military units, internal and frontier protection forces, customers services) cannot be privatized, making asset disposal illegal. The effectiveness of such controls in practice is not clear. References 2,3 and 4 cited above provide no information on the either the procedures for disposing of assets or the practice in place. In addition, the state budget for 2015 makes no reference to any kind of asset disposal.
1) State Committee on Property Issues of Azerbaijan Republic, Law of Republic of Azerbaijan on Privatization of State-Owned Property, http://www.emdk.gov.az/?/en/content/449 (Accessed April 12, 2014).
2) Guide to doing business in Azerbaijan - Ernst & Young
http://www.ey.com/Publication/vwLUAssets/EY-business-guide-Azerbaijan-2014/%24FILE/EY-busin. (Accessed April21, 2015)
3) &quoute;THE INTERNATIONAL BANK OF AZERBAIJAN&quoute;
http://www.ibar.az/getfile.php%3Fid%3D561 (Accessed April 21 , 2015)
4)&quoute;State Oil Company of the Azerbaijan Republic&quoute; http://www.socar.az/socar/assets/documents/en/socar-financial-reports/2013.pdf (Accessed April 21 , 2015)
5) State budget for the Republic of Azerbaijan, http://www.maliyye.gov.az/sites/default/files/Budget_law_2015.pdf, 2015.
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: Based on my discussions with independent journalists in Azerbaijan on this issue I conclude that there is little public knowledge about the procedures of asset disposal.
Suggested score: 1
Opinion: Agree
Comment:
Suggested score:
Is independent and transparent scrutiny of asset disposals conducted by defence establishments, and are the reports of such scrutiny publicly available?
Asset disposal is prohibited by the Law of the Republic of Azerbaijan on the Privatization of State-Owned Property (Paragraph 6.2.4). There is moreover no evidence of any independent and transparent scrutiny of asset disposals conducted by defence establishments, nor are there available reports of any such scrutiny.
1) State Committee on Property Issues of Azerbaijan Republic, Law of Republic of Azerbaijan on Privatization of State-Owned Property, http://www.emdk.gov.az/?/en/content/449 (Accessed April 12, 2014).
2) Guide to doing business in Azerbaijan - Ernst & Young
http://www.ey.com/Publication/vwLUAssets/EY-business-guide-Azerbaijan-2014/%24FILE/EY-busin. (Accessed April 21, 2015)
3) &quoute;THE INTERNATIONAL BANK OF AZERBAIJAN&quoute;
http://www.ibar.az/getfile.php%3Fid%3D561 (Accessed April 21 , 2015)
4)&quoute;State Oil Company of the Azerbaijan Republic&quoute; http://www.socar.az/socar/assets/documents/en/socar-financial-reports/2013.pdf (Accessed April 21 , 2015)
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: Information on asset disposals is not available. There is no independent oversight body in place that can monitor asset disposals. This opinion is based on a number of expert interviews on the subject.
Suggested score: 0
Opinion: Agree
Comment:
Suggested score:
What percentage of defence and security expenditure in the budget year is dedicated to spending on secret items relating to national security and the intelligence services?
There is no available information on secret security budgets. As has been noted in previous answers, the government of Azerbaijan provides only limited information on its budget process, which overall lacks transparency. Neither the defence nor security budget provides details on proposed expenditures or specific allocations. For example, Azerbaijani media sources reported military expenditures for 2009 at $2.46 billion, however, according to the Stockholm International Peace Research Institute (SIPRI), only $1.472 billion was spent. The International Institute for Strategic Studies also suggests that the official budget from that year was $1.5 billion, which suggests that there is a significant discrepancy between officially reported and actual spending on security.
1) Stockholm International Peace Research Institute, The SIPRI Military Expenditure Database, http://milexdata.sipri.org/.
2) International Institute for Strategic Studies, The Military Balance 2010, London: Routledge Books (2010).
3) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 5.
4) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 6, 14.
5) “Future of the Azerbaijani defence Industry – Market Attractiveness, Competitive Landscape and Forecasts to 2018”, at https://www.academia.edu/7509189/Azerbaijani_defence_Industry_Attractiveness_Competitive_Landscape_and_Forecasts_to_2018.
2014-10-08
Opinion: Agree with Comments
Comment: Additional reference -
“Future of the Azerbaijani defence Industry – Market Attractiveness, Competitive Landscape and Forecasts to 2018”, at https://www.academia.edu/7509189/Azerbaijani_defence_Industry_Attractiveness_Competitive_Landscape_and_Forecasts_to_2018.
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is the legislature (or the appropriate legislative committee or members of the legislature) given full information for the budget year on the spending of all secret items relating to national security and military intelligence?
I have found no information on parliament’s role in reviewing secret spending, which makes it difficult to assess whether the legislature or its committees are given full information on “secret item” spending. Formally, parliament exercises budgetary oversight. Similarly, though consultation is not provided for in law, according to the Inter-Parliamentary Union (IPU) “…it is nevertheless observed in practice.” However, as has been observed in previous answers, in practice there is little real budgetary oversight provided by parliament and its committees. The standing committee for defence and security has limited powers and issues only non-binding opinions on draft laws. Most real power is concentrated in the hands of the executive and the National Assembly, stacked full of the president’s allies, plays a very limited role.
1) Inter-Parliamentary Union, Parline Database, http://www.ipu.org/parline-e/parlinesearch.asp (Accessed April 16, 2014)
2) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 5
3) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 1, 14
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are audit reports of the annual accounts of the security sector (the military, police, and intelligence services) and other secret programs provided to the legislature (or relevant committee) and are they subsequently subject to parliamentary debate?
As has been noted in other answers, the legislative branch in Azerbaijan enjoys none of the powers of oversight and debate normally associated with parliamentary democracy. According to the Inter-Parliamentary Union (IPU) it has no role in reviewing the activity of government departments, does not receive reports from the government administration or public service, cannot hold hearings, cannot organized committees of enquiry, and has no role in making senior appointments. In matters of defence and security, there is no provision for annual parliamentary approval of government expenditure, and though there is a public audit body appointed by parliament that audits the government’s books and reports back twice a year, it has never reviewed one of the security ministries and cannot be considered effective. We have found no oversight role for parliament in terms of secret budgets, and there is no reference in law to parliamentary oversight of police activity, or scrutiny of extra-budget expenditure. Similarly, there is no provision for parliamentary oversight of Azerbaijan’s border guards.
1) Inter-Parliamentary Union, Parline Database, http://www.ipu.org/parline-e/parlinesearch.asp (Accessed April 16, 2014).
2) Government of the Republic of Azerbaijan, The Law of the Republic of Azerbaijan Republic on Police No727-IQ (1999). &quoute;Azerbaijan&quoute; newspaper (16 November 1999, Issue 262)
3) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 14. ( All accessed on April 13 2014)
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Off-budget military expenditures are those that are not formally authorised within a country's official defence budget, often considered to operate through the 'back-door'. In law, are off-budget military expenditures permitted, and if so, are they exceptional occurrences that are well-controlled?
While off-budget military expenditures are not permitted in law, in practice they may exist. Police activities, for instance, according to article 39 of the The Law of the Republic of Azerbaijan Republic on Police No727-IQ, are funded by both government and non-government funds. In view of the oversight deficit that characterizes the Azerbaijan security sector, however, it seems probable that any off-budget expenses incurred by these actors would not be subject to parliamentary oversight or recorded.
1) Law of the Azerbaijan Republic on Police, No727-IQ-No333-IIQD, May 24, 2002
2) Shahla Sultanova, “Azerbaijan Brings in the Big Guns: Baku’s skyrocketing weapons spending and sager-rattling rhetoric raises fears of an arms race in the South Caucasus,” TOL (July 12, 2012).
Opinion: Disagree
Comment: Criteria 0: Off-budget military expenditures are permitted by law and are not reported on.
conflicts with Comment: &quoute;off-budget military expenditures are not permitted in law,&quoute;
This seems like a problem with the scoring system rather than the Reviewer's response; while I have advised N/A, I would actually recommend providing a new criterion &quoute;Off-budget military expenditures are not permitted by law and are not reported on, but are likely to occur in practice&quoute;. I see that this issue is addressed in the following question, but there is needless confusion here.
Suggested score: N/A
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
In practice, are there any off-budget military expenditures? If so, does evidence suggest this involves illicit economic activity?
There is no hard evidence of off-budget military expenditures and that they involve illicit economic activity. That said, much points to the fact that this is a serious problem in Azerbaijan. First, the military budget has increased exponentially in recent years. Second, there is no effective control over the military. Third, there are documented cases of serious misuse of military resources. The assessment is that off-budget military expenditures indeed exist. According to an expert interviewed for this project, Azerbaijan has committed itself to enhancing transparency of its budgetary spending and making more information available on its budget, but it is not clear whether this would also apply to the defence sector. In any event, according to the expert, there has been as yet little improvement in the country's record on this score.
1) Stockholm International Peace Research Institute, The SIPRI Military Expenditure Database (Accessed June 25, 2014): http://milexdata.sipri.org/
2) International Institute for Strategic Studies, The Military Balance 2010 (London: Routledge Books 2010).
3) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 5.
4) Interview with Interviewee 1, via Skype, July 3 2014.
5) Farhad Mehdiyev and Azer Allakhveranov, “Azerbaijan in Smuggling Chain,” Academica.edu (Accessed June 28, 2014): 6-7(https://www.academia.edu/210610/Azerbaijan_in_Smuggling_Chain)
6) Shahla Sultanova and Yekaterina Poghosyan, “Neighbourhood Watches as Azerbaijan Arms Up: Unable to match Baku’s big spending, Armenia relies on special relationship with Moscow,” CRS, Issue 695 (July 25, 2013).
7) Gulnaz Gulieva, “Azerbaijan’s Fake Invalids: A lucrative business in false disability benefits is on the rise,” CRS, Issue 246 (August 4, 2011).
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Not Qualified
Comment:
Suggested score:
In law, are there provisions regulating mechanisms for classifying information on the grounds of protecting national security, and, if so, are they subject to effective scrutiny?
Azerbaijan has a Law on State Secrets (1998), which covers defence secrets and which has been recently modified by the government and approved by parliament. The Law does not appear to be available on the internet. As pointed out in answers to other questions in this survey, scrutiny of everything in the Azeri security sector by parliament or other oversight actors is either extremely weak or non-existent. There is no reason to assume that this would be any different with regard to its classification system.
1) Mina Muradova, “Azerbaijani Journalist Accused of Spying for Armenia,” The Central Asia-Caucasus Analyst (May 7, 2014).
2) Mubariz Aslanov, “Azerbaijan tightens rules on protection of state secrets,” APA (May 22, 2014). http://en.apa.az/news/211679
3) Freedom House, Freedom in the World: Azerbaijan Overview (Accessed June 28, 2014): http://www.freedomhouse.org/report/freedom-world/2013/azerbaijan#.U7gnJo1dXEh
4) Law on State Secrets (1998)
Opinion: Agree with Comments
Comment: Add Law on State Secrets (1998) to Sources
Provide further detail on the amendments to the law.
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Do national defence and security institutions have beneficial ownership of commercial businesses? If so, how transparent are details of the operations and finances of such businesses?
There is no direct evidence indicating that defence and security institutions “have beneficial ownership of commercial businesses.”
There is a Ministry of Defence Industry which is separate from the MOD and it runs businesses related to defence.
1) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013)
2) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 17.
3)Khadfija Ismayilova, &quoute;Azerbaijani President's Family Benefits From Eurovision Hall Construction&quoute;
May 09, 2012, http://www.rferl.org/content/azerbaijan_first_family_build_eurovision_arena/24575761.html (Accessed April 27. 2015)
4)Khadfija Ismayilova, &quoute;Azerbaijani President's Daughters Tied To Fast-Rising Telecoms Firm, June 27, 2011, http://www.rferl.org/content/azerbaijan_president_aliyev_daughters_tied_to_telecoms_firm/24248340.htm
(Accessed April 27. 2015)
5) Ivar Kolstad, Arne Wiig, David Aled Williams, &quoute; Tackling Corruption in Oil Rich Countries: The Role of Transparency&quoute; Chr. Michelsen Institute (U4 Brief 2008:3) 4.
6) &quoute;Azerbaijan: Nations in Transit&quoute; https://freedomhouse.org/report/nations,transit/2014/azerbaijan#.VT60v5P4FYI (Accessed >April 27, 2015)
7) Azerbaijani President's Family Benefits From Eurovision Hall Construction, May 09, 2012, http://www.rferl.org/content/azerbaijan_first_family_build_eurovision_arena/24575761.html.
8)Azerbaijani President's Daughters Tied To Fast-Rising Telecoms Firm, June 27, 2011, http://www.rferl.org/content/azerbaijan_president_aliyev_daughters_tied_to_telecoms_firm/24248340.html.
9) Ministry of Defence Industry of Azerbaijan Republic, http://www.mdi.gov.az/?/en/content/127/
Opinion: Agree with Comments
Comment: Suggest deleting final two sentences and replace with a comment on the commercial interests of government officials and the general and widespread problem with conflict of interests (as exposed in the two examples below).
Azerbaijani President's Family Benefits From Eurovision Hall Construction, By Khadija Ismayilova
May 09, 2012, at http://www.rferl.org/content/azerbaijan_first_family_build_eurovision_arena/24575761.html
Azerbaijani President's Daughters Tied To Fast-Rising Telecoms Firm, By Khadija Ismayilova, June 27, 2011, at http://www.rferl.org/content/azerbaijan_president_aliyev_daughters_tied_to_telecoms_firm/24248340.html
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are military-owned businesses subject to transparent independent scrutiny at a recognised international standard?
Azerbaijan has a Ministry for the Defence Industry and domestic manufacturing capacity in this area. There is no available evidence that the military owns businesses. There is a Ministry of Defence Industry which is separate from the MOD and it runs businesses related to defence.
1)Richard Giragosian, “Azerbaijan: Baku Signals New Determination For defence Reform,” Radio Free Europe/ Radio Liberty (February 1, 2007).
2) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 14.
3) Ministry of Defence Industry of Azerbaijan Republic, http://www.mdi.gov.az/?/en/content/127/
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Is there evidence of unauthorised private enterprise by military or other defence ministry employees? If so, what is the government's reaction to such enterprise?
There appears to be no direct evidence of unauthorized private enterprise by individuals in the defence sector. However, government officials have been reported as being involved in unauthorized private sector activity. In view of the lack of transparency reigning in the defence sector, it can be expected that such activity extends to the defence sector as well. Azerbaijan's anti-corruption law (article 9.3.1), stipulates that an official could be considered guilty of corruption if in the course of performing his or her service duties, he or she were to hold &quoute;any lucrative office or to engage in any lucrative activity, except for ... scientific, pedagogical and creative activity.&quoute; The actual implications stemming from this clause are unclear, in particular, for the defence sector which may or may not be subject to this law. In any event, according to the expert interviewed for this project, the anti-corruption law is not effectively implemented.
1) Nushabe Fatullayeva, “Mixing Government and Business In Azerbaijan,” Radio Free Europe/ Radio Liberty (April 4, 2013).
2) Tural Abbasov, “Accountable Governance: Curbing Public Corruption in Azerbaijan” Good Governance Worldwide (Accessed June 28, 2014): http://www.aspaonline.org/global/turalabbasov.html
3) Republic of Azerbaijan Commission on Combating Corruption, Law of the Republic of Azerbaijan on Combating Corruption (January 13, 2004): http://www.commission-anticorruption.gov.az/view.php?lang=en&menu=19&id=32
4) Interview with Interviewee 1, via Skype, July 3 2014
Opinion: Agree with Comments
Comment: &quoute;The actual implications stemming from this clause are unclear, in particular, for the defence sector which may or may not be subject to this law&quoute;
Is this saying that it is unclear whether or not the defence sector is exempt from this law? What indication is there that it would be exempt?
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Do the Defence Ministry, Defence Minister, Chiefs of Defence, and Single Service Chiefs publicly commit - through, for example, speeches, media interviews, or political mandates - to anti-corruption and integrity measures?
Research, dating back to the beginning of 2013, suggests that senior defence officials are not in the habit of making public anti-corruption pronouncements. The only public reference by a member of the government to the need for enhanced anti-corruption efforts is one made by President Aliyev on the eve of the October 2013 parliamentary elections. It appears that this was in response to the effort of the opposition candidate to mainstream the corruption issue. In view of the President's official stand on corruption, it is likely that Defence Ministry officials will reflect this stand in their work, but no evidence of this has been found. Of note in this regard is the commitment to support the Council of Europe's fight against corruption made by Azerbaijan in its statement on assuming the chairmanship of the Council of Ministers of the Council of Europe. In this connection, Azerbaijan hosted a high-level conference on combating corruption to be organized in Baku from 30 June - 1 July 2014.
According to the Central Asia Caucus Analyst, the decision to appoint former Deputy Interior Minister and Commander of Internal Troops, Zakir Hasanov, as the new Defence Minister reflects a “possible launch of serious defence reform and a new anti-corruption campaign within the Azerbaijani armed forces.” Upon assuming the post, Hasanov sacked two deputy ministers and other senior officers he inherited from his predecessor, Safar Abiyev, who is believed to be highly corrupt.
1) Caucasus Election Watch, &quoute;Aliyev addresses issue of corruption in a speech a few days before election. ‘Transparency, honesty and truth must become a way of life’&quoute; (October 3, 2013): http://electionswatch.org/2013/10/03/1537/
2) Council of Europe, “Priorities of Azerbaijani Chairmanship of the Committee of Ministers of the Council of Europe (14 May - 13 November 2014)” Ministers’ Deputies Information Documents (July 1, 2014): https://wcd.coe.int/ViewDoc.jsp?id=2188767&Site=CM%20CM/Inf(2014)
3) Azerbaijan's President Appoints New Minister of defence, Nov 2013, http://www.cacianalyst.org/publications/field-reports/item/12865-azerbaijans-president-appoints-new-minister-of-defence.html
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Are there effective measures in place for personnel found to have taken part in forms of bribery and corruption, and is there public evidence that these measures are being carried out?
The OECD has recently praised Azerbaijan’s progress on anti-corruption; however, there is no available evidence of specific policing to investigate crime within the defence services, and it is difficult to determine the extent to which this happens. The military in Azerbaijan does not publish the results of investigations into negative incidents. Moreover, the OECD anti-corruption monitoring team found an absence of cases regarding organized crime and corruption being detected, and referred to the Anti-Corruption Department, which suggests that anti-corruption policing is weak. Most cases that have been prosecuted thus far have been in the areas of education, health and social welfare, not in defence or security. There have been several instances of corruption cases brought against officers; however, these appear to be brought selectively against those who have been critical of the regime.
1) Jamila Babayeva, “OECD praises Azerbaijan for anti-corruption measures,” Azernews (January 18, 2014): http://www.azernews.az/azerbaijan/63497.html
2) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 15.
3) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 9.
4) OECD, “Third Round of Monitoring Report: Azerbaijan,” OECD Anti Corruption Network for Eastern Europe and Central Asia Istanbul Anti-Corruption Action Plan (September 25, 2013): 51.
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Is whistleblowing encouraged by the government, and are whistle-blowers in military and defence ministries afforded adequate protection from reprisal for reporting evidence of corruption, in both law and practice?
According to an OECD anti-corruption monitoring team reporting in 2013, “it appears no steps were taken to introduce a legal obligation to report corruption or regulation on protection of whistleblowers.” Overall the monitoring team found that the Azerbaijani government had done nothing to introduce legislation protecting whistleblowers.
1) OECD, “Third Round of Monitoring Report: Azerbaijan,” OECD Anti Corruption Network for Eastern Europe and Central Asia Istanbul Anti-Corruption Action Plan (September 25, 2013): 59-60.
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree with Comments
Comment: Government is currently working on the draft law on whistleblower and CSO input is sought on it (although it is difficult to say to what extent the final draft will incorporate suggestions by CSOs).
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Is special attention paid to the selection, time in post, and oversight of personnel in sensitive positions, including officials and personnel in defence procurement, contracting, financial management, and commercial management?
There is no specific information available on personnel policies in the defence sector. However, given the unchecked patronage within the government as a whole, it is reasonable to assume that in the defence sector, as in other security institutions, promotion is often based on personal loyalty rather than merit, or other objective criteria.
1) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 6-7.
2) Website of Government of Azerbaijan, Army Building (Accessed on June 28, 2014): http://azerbaijans.com/content_1690_en.html
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree with Comments
Comment: Transparency of recruitment is not adequately monitored. Currently, recruitment to defence and security agencies is not subject to effective oversight mechanisms.
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Is the number of civilian and military personnel accurately known and publicly available?
The Azerbaijani Ministry of Defence provides totals of neither civilian nor military personnel. There are other sources however, such as the CIA Factbook, that provide what can be assumed to be relatively accurate approximations of Azerbaijan’s military strength. The answer given is 0: presumably people who want to know the numbers can consult the CIA Factbook but no evidence has been found of an effort by Azeri authorities to make this information publicly available.
1) Ministry of National Security of Azerbaijan Republic (Accessed 19 April 2014): http://www.mns.gov.az/en/
2) Central Intelligence Agency, The World Factbook: Azerbaijan (Last updated 27 March 2014): https://www.cia.gov/library/publications/the-world-factbook/geos/aj.html
3) Global Fire Power, Azerbaijan: Total Military Strength (Accessed 19 April 2014): http://www.globalfirepower.com/country-military-strength-detail.asp?country_id=azerbaijan
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Are pay rates and allowances for civilian and military personnel openly published?
The government does not openly publish the pay rates for civilian and military personnel, nor are up-to-date figures available. The most recent publication on pay levels for the public sector as a whole comes from a 2004 UN report. In 2008, a journalist reported that officers’ salaries had been increasing, bringing the monthly average to $400-$600.
1) United Nations Department of Economic and Social Affairs and The United Nations Division for Public Administration and Development Management, Republic of Azerbaijan: Public Administration Country Profile, March 2004 (Accessed April 19, 2014): http://unpan1.un.org/intradoc/groups/public/documents/un/unpan023173.pdf
2)R. Rustamov, “Army’s anniversary was congratulated” (in Russian) Zerkalo (June 26, 2008).
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Do personnel receive the correct pay on time, and is the system of payment well-established, routine, and published?
There is little rigorous evidence available regarding compensation of military personnel. However, ICG reported in 2008 that there had been over 200 court decisions made in favour of officers concerning unpaid compensation, which indicates that this was a serious problem. Nothing suggests that this problem has been corrected in the interim. According to an expert interviewed for this project, the payment system still tends to be built around the system of low official pay augmented by advantages in kind - &quoute;additional income&quoute; - such as existed in Soviet times.
1) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29,2008): 7.
2) Interview with Interviewee 1, via Skype, July 3 2014.
Opinion: Agree with Comments
Comment: What is meant by &quoute;advantages in kind&quoute;?
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Opinion: Agree
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Opinion: Agree
Comment:
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Is there an established, independent, transparent, and objective appointment system for the selection of military personnel at middle and top management level?
According to a consultant working with the Human Rights Department for Civil Service Recruitment, there is a well-developed and transparent system for public service recruitment. For instance, competitions for civil service positions are regularly announced in the national media, and 80% of those appointments are fulfilled through on-line postings. However, there are some flaws specific to the security sector. Given the use of patronage by ruling elites, many hiring and promotion decisions are based on loyalty rather than merit. Similarly, corruption is also common within the army, where many pay bribes to serve in a particular unit or location. An article on recent purges in the upper ranks of the military following the dismissal of the long-serving Minister of Defence claims that these changes stem from an ongoing political struggle in the military, and not any appointment system.
1) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 6-7.
2) Joshua Kucera, “What’s Behind The Purges In Azerbaijan’s Military?” EURASIANET.org (March 18, 2014): http://www.eurasianet.org/node/68163
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Are personnel promoted through an objective, meritocratic process? Such a process would include promotion boards outside of the command chain, strong formal appraisal processes, and independent oversight.
Again, similar to the previous answer, while there are objective and meritocratic processes in place, they are often not respected. Promotion tends to be based on patronage and loyalty rather than merit, and corruption allows those in the army especially to avoid front-line duty by paying a bribe. There are also instances where being assigned a front-line position is used as a punishment for officers. There is no effective officer or military unit rotation system, and some officers end up serving long rotations in the same front-line units.
The article quoted under source 2) above on recent purges in the upper ranks of the military, following the dismissal of the long-serving Minister of Defence, claims that these changes stem from an ongoing political struggle in the military.
1) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008), 6-8.
2) Joshua Kucera, “What’s Behind The Purges In Azerbaijan’s Military?” EURASIANET.org (March 18, 2014): http://www.eurasianet.org/node/68163
Opinion: Agree
Comment:
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Opinion: Disagree
Comment: The reviewer's comments suggest that the criteria merits this score better than the actual score selected by him/her. My own research on corruption in Azerbaijan points to significant levels of corruption in this area.
Suggested score: 0
Opinion: Agree
Comment:
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Where compulsory conscription occurs, is there a policy of not accepting bribes for avoiding conscription? Are there appropriate procedures in place to deal with such bribery, and are they applied?
President Aliyev has taken measures designed to reduce the potential for corruption in this area, issuing a decree abolishing the district military commissariats and establishing in their place a civil State Service for Mobilization and Induction into Military Service. While these reforms should help to address the corruption inherent in conscription and rotation, I have found no evaluations of their effectiveness.
1) Radio Free Europe/ Radio Liberty, “Azerbaijan to Reform Military Conscription” (February 21, 2012).
http://www.rferl.org/content/azerbaijan_to_reform_military_conscription/24491577.html (RE-accessed April 27, 2015)
2) Radio Free Europe/ Radio Liberty, “Azerbaijan Steps Up Cooperation With NATO” (January 11, 2012).
http://www.rferl.org/content/azerbaijan_cooperation_nato/24448824.html (RE-accessed April 27, 2015)
3) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 8
Opinion: Agree with Comments
Comment: Provide reference for &quoute;decree abolishing the district military commissariats&quoute;
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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With regard to compulsory or voluntary conscription, is there a policy of refusing bribes to gain preferred postings in the recruitment process? Are there appropriate procedures in place to deal with such bribery, and are they applied?
There is no available evidence of this type of policy, but as has been noted, the payment of bribes is common in Azerbaijan’s military. Regular legal mechanisms to address bribery would apply in this case.
No sources have been found on this issue. The lack of such sources suggests, however, that bribery in this context is rampant.
Opinion: Agree with Comments
Comment: Provide reference for this statement - &quoute;the payment of bribes is common in Azerbaijan’s military&quoute;
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Opinion: Agree
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Opinion: Agree
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Is there evidence of 'ghost soldiers', or non-existent soldiers on the payroll?
No reference to this issue has been found in articles addressing problems in the Azerbaijan Armed Forces and the need for reform.
In view of this, ghost soldiers are a likely phenomenon. As mentioned in Question 38, the numbers of personnel are not disclosed for the public either.
1) Liz Fuller, &quoute;Azerbaijan To Reform Military Conscription&quoute;, Radio Liberty/Radio Free Europe Caucasus Report, 21 (February 2012).
2) Shahla Sultanova and Yekaterina Poghosyan, “Neighbourhood Watches as Azerbaijan Arms Up: Unable to match Baku’s big spending, Armenia relies on special relationship with Moscow,” CRS, Issue 695 (July 25, 2013).
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Are chains of command separate from chains of payment?
As a result of the overall lack of transparency in Azerbaijan’s security sector, it was not possible to substantiate whether or not chains of payment are tied to chains of command. That said, there is some evidence suggesting that this a problem. For example, an article published in 2007 asserts that Azeri commanders &quoute;...embezzle salaries of their soldiers serving in Iraq...&quoute; Presumably this is only possible because they control the payment chain. But whether this is also the practice within Azerbaijan is unclear.
1) Arifa Kazimova, “Soldiers’ Video Puts Azerbaijani Military Corruption In The Spotlight,” Radio Free Europe/ Radio Liberty (July 18, 2011).
2)Emil Sanamyan, “Azerbaijani military: More money, more problems?” Yandunts Blog (March 9, 2007): http://yandunts.blogspot.ca/2007/03/azerbaijani-military-more-money-more.html
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Is there a Code of Conduct for all military and civilian personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities?
Azerbaijan has a legally enshrined code of ethics that applies to civil personnel working for the state, including civilians working for the military but excluding those of military rank. Its provisions, reviewed first in April 2014, were judged to be very general in scope, not covering post-separation activities. Now in June 2014, the links to this document seem to have disappeared. An article (reference 4) reported in 2011 stated that a military code would be adopted in Azerbaijan in order to codify all laws dealing with the military, However, there is no trace of this having happened in the interim. Moreover, the Commission on Combating Corruption makes no mention of a military code in its long list of legislation relevant to the struggle against corruption.
1) President of the Republic of Azerbaijan, Decree of the President of the Republic of Azerbaijan On Enforcement of the Law of the Republic of Azerbaijan ‘On rules of ethics conduct of civil servants’ (November 23, 2009): http://csc.gov.az/aze/index.php?option=com_content&view=article&id=2224%3A614-16082007-doevlt-qulluqcularnn-etik-davran-qaydalar-haqqnda-azrbaycan-respublikas-qanununun-ttbiq-edilmsi-bard&catid=55%3Afrmanlar-&Itemid=71&lang=en
2) United Nations Division for Public Administration and Development Management and the United Nations Department of Economic and Social Affairs, Republic of Azerbaijan: Public Administration Country Profile (March 2004).
3) Republic of Azerbaijan Commission on Combating Corruption, Law of the Republic of Azerbaijan on Combating Corruption (January 13, 2004): http://www.commission-anticorruption.gov.az/view.php?lang=en&menu=19&id=32
4) Vestnik Kavkaza, &quoute;Military code to be adopted in Azerbaijan&quoute; (November 29, 2011): http://vestnikkavkaza.net/news/politics/20442.html
5) David Law, “Security Sector Reform and the Future of the Code of Conduct”
In Helsinki Monitor: Quarterly on Security and Cooperation in Europe 17(2) (2006): pp.160-174
6) David Law, “Rethinking the Code of Conduct in the Light of Security Sector Reform”
In Consolidating the OSCE, ed. Daniel Warner, Program for the Study of International Organizations Occasional Paper 4/2006 (Geneva, 2006). pp. 83-105
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Is there evidence that breaches of the Code of Conduct are effectively addressed ,and are the results of prosecutions made publicly available?
As previously mentioned, Azerbaijan has two major programmes to combat corruption – the National Anti Corruption Action Plan and the Open Government Partnership Action Plan for 2012- 2015, overseen
by the commission. According to civil society estimates, implementation of those action plans is
progressing, despite delays. While evidence suggests that the Commission on Combating Corruption is politically influenced and lacks sufficient power to compel the government to release “sensitive information,” it is emblematic of Azerbaijan’s efforts to criminal corruption. That said, the security institutions are also not in the habit of publishing the results of investigations into negative events and no evidence of significant prosecutions could be found.
1) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 9.
2) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 9.
3) Jamila Babayeva, “OECD praises Azerbaijan for anti-corruption measures,” AZERNews (January 18, 2014).
4) National Integrity System Assessment, file:///C:/Users/Hillary/Downloads/2014_NISAzerbaijan_EN%20(2).pdf.
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Does regular anti-corruption training take place for military and civilian personnel?
As regards anti-corruption training for civilian personnel, the answers to the questionnaire distributed by the OECD as part of its Third Monitoring Round only note that it was an indispensable element of training in all public institutions. No information was provided with regard to the number of trainings, their subject and categories of public officials that took part in such trainings. Within the Euro-Atlantic Partnership Work Plan (EAPWP), as well as bilateral co-operation with different countries, every year, about 1,500 people from the Azerbaijan Armed Forces participate in more than 300 different language and specialty training courses, seminars, workshops, conferences, working meetings, planning conferences, exercises and other events. Anti-corruption training does take place in the NATO context but it is not clear if Azerbaijan is party to this. Searches for NATO and Transparency International's Building Integrity Training Partners does not reveal any training courses in Azerbaijan or with Azerbaijani MoD employees.
1) OECD, “Second Round Monitoring Report: Azerbaijan” OECD Anti Corruption Network for Eastern Europe and Central Asia Istanbul Anti-Corruption Action Plan (March 2010).
2) OECD, “Third Round of Monitoring Report: Azerbaijan,” OECD Anti Corruption Network for Eastern Europe and Central Asia Istanbul Anti-Corruption Action Plan (September 25, 2013).
3) NATO Parliamentary Assembly, Viewing NATO from the South Caucasus: Armenia, Azerbaijan and Georgia, 167-DSCFC-07-E-BIS (2007).
4)Ben Smith, &quoute;Azerbaijan and the 2013 presidential election&quoute;, House of Commons Standard Note
SNIA/6650 (October 25, 2013).
Opinion: Agree with Comments
Comment: Would the following be a useful additional reference for you to analyse in your answer and source?
The honouring of obligations and commitments by Azerbaijan, Report, Doc. 13084, 20 December 2012, Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe, at http://assembly.coe.int/ASP/XRef/X2H-DW-XSL.asp?fileid=19243&lang=EN
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Is there a policy to make public outcomes of the prosecution of defence services personnel for corrupt activities, and is there evidence of effective prosecutions in recent years?
The OECD anti-monitoring team has repeatedly identified prosecution as a weakness within Azerbaijan’s anti-corruption efforts, and in 2013 highlighted “a need for firm prosecution policy.” That said, there does appear to be some evidence of public prosecutions. For example, the Former Deputy Defence Minister (see 3) and former chief of Navy forces (see 4) were both arrested on corruption charges.
According to the 2014 National Integrity System Assessment for Azerbaijan, &quoute;Though courts are more transparent than before, with the creation of the single judicial portal on the Internet and online publication of high instance court decisions, full transparency of courts is yet to
be achieved through the planned E-court system. &quoute;
Response to Peer Reviewer: Comments added and score changed to 2.
1) OECD, “Third Round of Monitoring Report: Azerbaijan,” OECD Anti Corruption Network for Eastern Europe and Central Asia Istanbul Anti-Corruption Action Plan (September 25, 2013).
2) National Integrity System Azerbaijan, file:///C:/Users/Hillary/Downloads/2014_NISAzerbaijan_EN%20(2).pdf,
3) Radio Free Europe, Azerbaijan Arrests Former Deputy defence Minister On Corruption Charges, http://www.rferl.org/content/azerbaijan-salimov-arrest-deputy-defence-minister-abuse-office/26709388.html.
4) Ongoing Prosecution of former Chief of Navy Forces, http://apa.tv/video/16105.
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree with Comments
Comment: Some examples of prosecutions, details of which are not available:
http://www.rferl.org/content/azerbaijan-salimov-arrest-deputy-defence-minister-abuse-office/26709388.html
Also, there is ongoing prosecution of former chief of Navy Forces:
http://apa.tv/video/16105 (in Azeri)
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Are there effective measures in place to discourage facilitation payments (which are illegal in almost all countries)?
According to 3) above, facilitation payments are considered bribery under Azerbaijani law and &quoute;certain&quoute; military are subject to them. No further detail on this has been found. According to 2), the practice whereby families of conscripts pay bribes to secure the best postings for their sons is widespread. According to 4), dozens of former commissars are awaiting trial on corruption charges.That said, whether this adds up to effective deterrence of facilitation payments cannot be substantiated.
1) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008), 6-8.
2) Liz Fuller, &quoute;Azerbaijan to Reform Military Conscription&quoute; Radio Free Europe/Radio Liberty (February 21, 2012).
3)Gunduz Karimov and Jamil Alizada, &quoute;Anti-Corruption in Azerbaijan, Global Compliance News, &quoute;http://globalcompliancenews.com/anti-corruption/anti-corruption-laws-around-the-world/anti-corruption-azerbaijan/ (Accessed April 28, 2015)
4) Faik Medzhid, &quoute; Cоздание госслужбы по призыву в армию поможет минимизации злоупотреблений в этой сфере&quoute;, Кавказский узел, February 2, 2015, Accessed at http://www.kavkaz-uzel.ru/articles/201141 on April 28, 2015)
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Do the armed forces have military doctrine addressing corruption as a strategic issue on operations?
The military adopted a military doctrine in 2010; however, as it is not publicly available, it is not clear whether or not it addresses corruption as a strategic issue. A review of the content of the doctrine (reference 2) makes no reference to corruption nor is it clear that corruption is recognised as an issue of governance.
1) Radio Free Europe/ Radio Liberty, &quoute;Azerbaijan Adopts Military Doctrine At Long Last&quoute; (June 9, 2010).
2) The Center of Military Analyses and Research, “Military Doctrine of the Republic of Azerbaijan,” Doctrine: Journalists Military Research Center (November 3, 2012): http://azdoctrine.wordpress.com/2012/11/03/military-doctrine-of-the-republic-of-azerbaijan/
Opinion: Agree with Comments
Comment: typo - &quoute;makes no reference of corruption figuring in the doctrine&quoute; should be &quoute;reference TO&quoute;
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Is there training in corruption issues for commanders at all levels in order to ensure that these commanders are clear on the corruption issues they may face during deployment? If so, is there evidence that they apply this knowledge in the field?
With regard to anti-corruption training for civilian personnel, Azerbaijan's answer to the questionnaire distributed by the OECD as part of its Third Monitoring Round only note that this was an indispensable element of training in all public institutions. No information was provided with regard to the number of trainings, their subject and categories of public officials that took part in such trainings. Within the Euro-Atlantic Partnership Work Plan (EAPWP), as well as bilateral co-operation with different countries, every year, about 1,500 people from the Azerbaijan Armed Forces participate in more than 300 different language and specialty training courses, seminars, workshops, conferences, working meetings, planning conferences, exercises and other events. Anti-corruption training does take place in the NATO PfP context, but there is no evidence that Azerbaijan is party to this.
All that said, no evidence has been found of commanders undergoing such training, or applying such knowledge in the field.
1) OECD, “Second Round Monitoring Report: Azerbaijan” OECD Anti Corruption Network for Eastern Europe and Central Asia Istanbul Anti-Corruption Action Plan (March 2010).
2) OECD, “Third Round of Monitoring Report: Azerbaijan,” OECD Anti Corruption Network for Eastern Europe and Central Asia Istanbul Anti-Corruption Action Plan (September 25, 2013).
3) NATO Parliamentary Assembly, Viewing NATO from the South Caucasus: Armenia, Azerbaijan and Georgia, 167-DSCFC-07-E-BIS (2007).
4) Ben Smith, &quoute;Azerbaijan and the 2013 presidential election&quoute;, House of Commons Standard Note
SNIA/6650 (October 25, 2013).
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Are trained professionals regularly deployed to monitor corruption risk in the field (whether deployed on operations or peacekeeping missions)?
There is no evidence that such monitoring takes place. But there is a problem in this regard, Sanamyan asserts that Azeri commanders &quoute;...embezzle salaries of their soldiers serving in Iraq...&quoute;.
1) OECD, “Second Round Monitoring Report: Azerbaijan” OECD Anti Corruption Network for Eastern Europe and Central Asia Istanbul Anti-Corruption Action Plan (March 2010).
2) OECD, “Third Round of Monitoring Report: Azerbaijan,” OECD Anti Corruption Network for Eastern Europe and Central Asia Istanbul Anti-Corruption Action Plan (September 25, 2013).
3) NATO Parliamentary Assembly, Viewing NATO from the South Caucasus: Armenia, Azerbaijan and Georgia, 167-DSCFC-07-E-BIS (2007).
4) Ben Smith, &quoute;Azerbaijan and the 2013 presidential election&quoute;, House of Commons Standard Note
SNIA/6650 (October 25, 2013).
5) Emil Sanamyan, “Azerbaijani military: More money, more problems?” Yandunts Blog (March 9, 2007): http://yandunts.blogspot.ca/2007/03/azerbaijani-military-more-money-more.html
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Are there guidelines, and staff training, on addressing corruption risks in contracting whilst on deployed operations or peacekeeping missions?
There is no publicly available evidence to the effect that such training occurs.
In view of the President's pronouncements and Azerbaijan's public stance against corruption, however, it is likely that there are guides. Azerbaijan, in responding to a question by the OECD Anti-corruption Unit in their 2013 report - see 3) above - stated that all governmental actors had to prepare an anti-corruption plan, which presumably included training. This is corroborated by 6) above. That said, the effectiveness of such plans and their applicability to the defence sector is unclear.
Azerbaijan is a member of NATO's EAPC , which has developed a Building Integrity Program that also deals with peace support deployments such as those Azerbaijan has participated in - 4) above and that has a training dimension. However, this programme is optional for EAPC members. The official website of the Azerbaijan Mission to NATO details the various programmes the country is involved in but there is no mention of participation in the BI initiative.
1) Caucasus Election Watch, “Aliyev addresses issue of corruption in a speech a few days before election, ‘Transparency, honesty and truth must become a way of life’” (October 3, 2013): http://electionswatch.org/2013/10/03/1537/
2) Council of Europe, “Priorities of Azerbaijani Chairmanship of the Committee of Ministers of the Council of Europe (14 May - 13 November 2014)” Ministers’ Deputies Information Documents (July 1, 2014): https://wcd.coe.int/ViewDoc.jsp?id=2188767&Site=CM%20CM/Inf(2014)
3) Interview with Interviewee 1, via Skype, July 3 2014.
4) NATO, Building Integrity Programme, December 10, 2012 (Accessed at http://www.nato.int/cps/en/natolive/official_texts_93045.htm, on April 28, 2015
5) &quoute;Azerbaijan-NATO Cooperation&quoute;, Mission of Azerbaijan to NATO (Accessed at http://www.aznatomission.be/# on April 28, 2015
6) &quoute; Information of the Commission on Combating Corruption on adoption of Action Plan on Open Government and Action Plan on Combating Corruption of the Republic of Azerbaijan
10:36 / 07.09.2012&quoute; Accessed on April 28, 2015 at http://www.commission-anticorruption.gov.az/view.php?lang=en&menu=3&id=301
Opinion: Agree with Comments
Comment: Please consider these additional references:
- Commission on Combatting Corruption, website, at http://www.commission-anticorruption.gov.az/view.php?lang=en&menu=0
- Commission on Combatting Corruption, Quarterly Newsletter On measures implemented in the area of combating corruption in the Republic of Azerbaijan (May 2014), at http://antikorrupsiya.gov.az/upload/file/E-bülliten%20(eng).pdf
- Law of The Republic of Azerbaijan on Combating Corruption (adopted by Parliament on 13 January 2004), at http://www.commission-anticorruption.gov.az/view.php?lang=en&menu=19&id=32
Suggested score:
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Private Military Contractors (PMCs) usually refer to companies that provide operational staff to military environments. They may also be known as security contractors or private security contractors, and refer to themselves as private military corporations, private military firms, private security providers, or military service providers.
PSCs are employed by the armed forces in deployments. According to Gomez del Prado, Azerbaijan is party to The International Convention against the Recruitment, Use, Financing and Training of Mercenaries (published in 2014). In a reply to a study conducted by the Private Security Monitor, a project run out of the University of Denver, Azerbaijan is reported to have replied that PSCs were under strong state control, but this cannot be corroborated.
1) Fabien Mathieu and Nick Dearden, &quoute; Corporate Mercenaries: the threat of private military and security companies&quoute;, War On Want (London, 2006): 4
2)Margaret Zimmerman, Private Military Companies: Accountability Under International Law, International Institute of Higher Studies in Criminal Sciences (Accessed 28 June 2014): http://www.isisc.org/dms/images/stories/PDF/C%2520mz.pdf
3) University of Denver Sie Cheou-Kang Centre, Private Security Monitor: National Regulations (Accessed June 28, 2014): http://psm.du.edu/national_regulation/index.html
4) United Nations Office of the High Commissioner for Human Rights, Country Visits (Accessed June 28, 2014): http://www.ohchr.org/EN/Issues/Mercenaries/WGMercenaries/Pages/CountryVisits.aspx
5) Jose L. Gomez del Prado, “Mercenaries, Private Military and Security Companies and International Law,” UN Working Group on the Use of Mercenaries (Accessed June 28, 2014): http://www.law.wisc.edu/gls/documents/gomez_del_prado_paper.doc
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Not Qualified
Comment:
Suggested score:
Does the country have legislation covering defence and security procurement and are there any items exempt from these laws?
Public procurement in Azerbaijan is regulated by the Public Procurement Law of 2001, which outlines the basic standards of transparency and competition for the country’s acquisition and tendering. The description of this law available on the website of the State Procurement agency is very general. The 2012-2015 National Anti-Corruption Action Plan has a section devoted to the &quoute;Improvement and Promotion of Transparency in Public Procurement.&quoute;
Despite formal legislation regarding procurement protocols, there is a broad consensus amongst analysts that procurement legislation is not effective in practice. Current legislation in Azerbaijan does not oblige procuring institutions to develop or publish procurement plans, and there are many examples of rules being broken. The government has begun publicly listing RFPs/RFQs and announcements about tenders on a website (as stipulated in the National Anti-Corruption Action Plan), but the information is currently not complete and often unclear. And while single source procurement is on the decline, information about the value of single-source procurement is not available, and it is unclear how much procurement is not reported. Azerbaijan has a State Procurement Agency (SPA), which is the central body in charge of procurement. However, its supervisory resources are limited and it has very little, if any, actual authority to sanction instances of fraud. An OECD anti-corruption monitoring team - see 2) found that while the SPA has a lot of functions, it often does not have the necessary tools to implement them, a situation that has left the agency “quite weak in practice.” In terms of procurement in the security sector, there is a lack of transparency and parliamentary oversight of tenders for military construction, food and other purchases for the army. This situation has allowed proxy companies to receive preferential treatment and inflate prices.
It is also not clear what items are exempt on the basis of national security and if they are subject to other forms of oversight.
1) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 5.
2) OECD, “Third Round of Monitoring Report: Azerbaijan,” OECD Anti Corruption Network for Eastern Europe and Central Asia Istanbul Anti-Corruption Action Plan (September 25, 2013): 72.
3) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 7.
4) Nushabe Fatullayeva and Khadija Ismayilova, “Azerbaijani Government Awarded Gold-Field Rights to President’s Family,” Radio Free Europe/ Radio Liberty (May 3, 2012).
5) Website of State Procurement Agency of the Republic of Azerbaijan
http://tender.gov.az/new/ (Accessed on April 28,. 2015).
6) tr-procurement-azerbaijan(3).pdf. (Accessed on April 28. 2015)
7) National Anti-Corruption Action Plan, 2012-2015, http://www.antikorrupsiya.gov.az/upload/file/NACAP%20Azerbaijan%202012-2015%20Eng.pdf.
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?
The Ministry of the Defence Industry of the Azerbaijan Republic has a website that provides information on domestic production activity and cooperation with foreign companies in the defence sphere. However, there is no detailed information on the procurement process in the areas cited in the question. The State Procurement Agency website makes a much broader range of information available, but nothing on the defence sector.
The 2012-2014 National Anti-Corruption Plan nonetheless calls for a public procurement plan.
Nonetheless, the defence procurement cycle process - from assessment of needs, through contract implementation and sign-off, all the way to asset disposal - is not fully disclosed to the public.
Because the government has begun publicly listing RFPs/RFQs and announcements about tenders on a website, score raised to 1.
1) Republic of Azerbaijan, Ministry of Defence Industry, Cooperation (Accessed June 28, 2014): http://www.mdi.gov.az/?/en/content/137/
2) State Procurement Agency of the Republic of Azerbaijan (Accessed June 28, 2014): http://tender.gov.az/new/?lan=en
3) The National Anti-Corruption Action Plan, 2012-2015, http://www.antikorrupsiya.gov.az/upload/file/NACAP%20Azerbaijan%202012-2015%20Eng.pdf.
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
As has been noted in previous answers, Azerbaijan has a State Procurement Agency (SPA), which is the central body in charge of procurement. However, its supervisory resources are limited and it has very little, if any, actual authority to sanction instances of misprocurement. An OECD anti-corruption monitoring team found that while the SPA has many functions, it often does not possess the necessary tools to implement them, a situation that has left the agency “quite weak in practice.” In terms of procurement in the security sector, there is a lack of transparency and parliamentary oversight of tenders for military construction, food and other purchases for the army is weak. There is a broad consensus amongst analysts that Azerbaijan’s procurement oversight mechanisms are not effective.
1) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 5.
2) OECD, “Third Round of Monitoring Report: Azerbaijan,” OECD Anti Corruption Network for Eastern Europe and Central Asia Istanbul Anti-Corruption Action Plan (September 25, 2013): 72.
3) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 7.
4) Nushabe Fatullayeva and Khadija Ismayilova, “Azerbaijani Government Awarded Gold-Field Rights to President’s Family,” Radio Free Europe/ Radio Liberty (May 3, 2012).
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Are actual and potential defence purchases made public?
As noted in previous answers, the government of Azerbaijan provides only limited information on its defence spending, and the defence budget provides no details on proposed expenditures or specific allocations - see 1), 2) above. While the government provides aggregate figures about overall spending, it does not systematically provide details about individual procurement transactions. The kind of information about its defence purchases that seems to be made available by the foreign companies that sell to Azerbaijan, by research organisation like SIPRI, or Armenian sources. While source 3 above gives information of five purchases or possible purchases in the period of April 2012 to September 2013, there is no indication that the information provided comes from an official Azerbaijan source.
Response to Peer Reviewer: As the government has begun publicly listing RFPs/RFQs and announcements about tenders on a website, as stipulated by the 2012-2015 National Anti-Corruption Plan and score increased from 0 to 1. However, overall transparency is still lacking with regards to defence purchases.
1) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 5.
2) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 6, 14.
3)RP defence, http://rpdefence.over-blog.com/tag/azerbaijan/ (Accessed on May 29, 2015)
4)&quoute; Azerbaijan buying Israeli coast-guard vessels&quoute; (Jane's confirms that Muslim nation purchased 12 boats, based on photographs on website of Azerbaijani president), Haaretz, http://www.haaretz.com/news/diplomacy-defence/1.613554 (Accessedf on April 29, 2015)
5) &quoute;Neighbourhood Watches as Azerbaijan Arms Up&quoute; Yekaterina Poghosyan and Shahla Sultanova, Global Voices Caucasus,25 July 2013 (Accessed at https://iwpr.net/global-voices/neighbourhood-watches-azerbaijan-arms on April 29, 2015)
Opinion: Disagree
Comment: This reference - http://rpdefence.over-blog.com/tag/azerbaijan/ - provides links to media stories (from state-sponsored outlets) reporting defence purchases made by Azerbaijan.
e.g. &quoute;Azerbaijan has ordered ten AW139 helicopters from Britain (Agusta Westland) for $148 million&quoute;
Suggested score: 1
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
What procedures and standards are companies required to have - such as compliance programmes and business conduct programmes - in order to be able to bid for work for the Ministry of Defence or armed forces?
There is no specific information about the standards companies need to observe when bidding for contracts with the defence ministry. 1) above states that foreign actors bidding for contracts need to observe the same rules as local actors. As indicated in previous comments, there is some manifestation of a governmental effort to combat corruption in its public policy statements, and the overall effectiveness of government anti-corruptiuon efforts is highly questionable.
The 2013-2015 National Anti-Corruption Plan calls for &quoute;Development of the mechanism for restriction of participation in public procurement of natural and legal persons due their previous violation of
competition and execution of the transactions on public procurement.&quoute; It also calls for the &quoute;application of measures aimed at expedient review of complaints filed by
bidders in the public procurement competition, with a view to protect their
rights.&quoute; However, it is unclear to what extent competition has been realized in the procurement process and to what extent complaints have been addressed. Score changed to 1.
1)&quoute;2011 Investment Climate Statement - Azerbaijan&quoute;, US Department of State (Accessed on April 29, 2015 at http://www.state.gov/e/eb/rls/othr/ics/2011/157236.htmN/A
2 National Anti-Corruption Action Plan, 2012-2015, http://www.antikorrupsiya.gov.az/upload/file/NACAP%20Azerbaijan%202012-2015%20Eng.pdf.
.
Opinion: Agree with Comments
Comment: Provide reference for this statement - &quoute; some manifestation of a governmental effort to combat corruption in its public policy statements.&quoute;
Suggested score:
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Are procurement requirements derived from an open, well-audited national defence and security strategy?
There is a procurement strategy but it is not clear that is derived from a national security policy or similar document - see 4). A military doctrine was adopted in 2010 and is publicly available, it is not clear whether or not it addresses procurement policy - see 6) Moreover, while there is a public audit body appointed by parliament to audit the government’s books, it has apparently never reviewed any of the security ministries and cannot therefore be considered effective - see 2).
Response to Chapter reviewer: Comments and sources updated.
1) Radio Free Europe/ Radio Liberty, “Azerbaijan Adopts Military Doctrine At Long Last,” (June 9, 2010).
2) Inter-Parliamentary Union, Parline Database, http://www.ipu.org/parline-e/parlinesearch.asp (Accessed April 22, 2014).
3) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 14.
4)Website of the State Procurement Agency of the Republic of Azerbaijan (Accessed on April 29, 2015 at http://tender.gov.az/new/?lan=en
5)Website of UNDP Azerbaijan, &quoute;Better procurement with a new set of e-tendering&quoute;
13 Jan 2015 (Accessed at http://www.az.undp.org/content/azerbaijan/en/home/presscenter/articles/2015/01/13/better-procurement-with-a-new-set-of-e-tendering/ on April 29 2015)
6) &quoute;Azərbaycan Respublikasının Hərbi doktrinasının təsdiq edilməsi haqqında
Azərbaycan Respublikası Milli Məclisinin Qərarı&quoute;
( Accessed at http://www.mod.gov.az/qanun/qanunvericilik/Herbi_doktrina.pdf on April 29, 2015)
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree with Comments
Comment: The military doctrine is made available on the website of the Ministry of defence (in Azeri). Link: http://www.mod.gov.az/qanun/qanunvericilik/Herbi_doktrina.pdf
Suggested score:
Are defence purchases based on clearly identified and quantified requirements?
The website of the Ministry of the Defence Industry provides no detail on the requirements involved in proceeding with defence purchases and it is unclear whether there is a formal procedure in place.
1) Republic of Azerbaijan, Ministry of Defence Industry, Cooperation (Accessed June 28, 2014): http://www.mdi.gov.az/?/en/content/137/
2) NATO School Oberammergau, NATO School Online Courses (Accessed June 28, 2014): https://natoschool.org/news-story/nato-school-online-courses
3)NATO Parliamentary Assembly, Viewing NATO from the South Caucasus: Armenia, Azerbaijan and Georgia, 167-DSCFC-07-E-BIS (2007).
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: Information to make an accurate assessment of this criteria is not publicly available.
Suggested score: N/A
Opinion: Agree
Comment:
Suggested score:
Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?
The government has begun publicly listing RFPs/RFQs and announcements about tenders on a website, but the information is currently not complete and often unclear. And while single source procurement is on the decline, it is still common. The PPL Public Procurement Law requires publication of several pieces of information about every tender, but even a short analysis of notices published on the website of the State Procurement Agency (www.tender.gov.az) shows they are very often described vaguely or omitted completely. In 2009, out of more than 800 public procurements which were published, approximately 100 (or about 30% of all the value of public procurement transactions) were single source value tender.
As mentioned in the comments for Question 57, defence and security procurement is inadequately overseen and there is evidence of proxy companies receiving preferential treatment. The level of single sourcing is expected to be much higher and the score was selected accordingly.
1) Michael Bryane and Natalya Mishyna, “Anti-corruption Law: Lessons for Former Soviet Countries From Azerbaijan,” http://ancorage-net.org/content/documents/azerbaijan.pdf (October 2007): 40.
2) OECD, “Third Round of Monitoring Report: Azerbaijan,” OECD Anti Corruption Network for Eastern Europe and Central Asia Istanbul Anti-Corruption Action Plan (September 25, 2013): 72.
3) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008): 7.
4) Nushabe Fatullayeva and Khadija Ismayilova, “Azerbaijani Government Awarded Gold-Field Rights to President’s Family,” Radio Free Europe/ Radio Liberty (May 3, 2012).
5) Marie Chene, “Overview of corruption and anti-corruption in Azerbaijan,” Transparency International (July 2013): 5.
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
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Opinion: Agree with Comments
Comment: Since no information is available on forms of bidding, it is difficult to make a definitive conclusion on this subject.
Suggested score:
Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?
No specific information has been found as to whether or not these decisions are audited; however, there seems to be a high level of irregularity in the decisions of tender boards. For instance, in a six-month period of 2009, the state procurement agency recommended cancelling 30 separate tenders due to violations, yet none were cancelled. No evidence has been found to suggest that this situation is any better in the defence and security sector - indeed, to judge by the overall drift of the findings generated by research on Azerbaijan, it is probably considerably worse. A search done on the website referenced at 3) showed entries for Azerbaijan but none related to the defence and security sector.
That said, Azerbaijan involvement in the NATO PfP programme may have had some positive impact in this area, but this has not been corroborated. An effort to broach this issue with NATO PfP officials was not successful, but they may not have anything significant to report.
1) Michael Bryane and Natalya Mishyna, “Anti-corruption Law: Lessons for Former Soviet Countries From Azerbaijan&quoute; Unpub. (October 2007, http://ancorage-net.org/content/documents/azerbaijan.pdf ): 40
2) NATO Parliamentary Assembly, Viewing NATO from the South Caucasus: Armenia, Azerbaijan and Georgia, 167-DSCFC-07-E-BIS (2007).
3) &quoute;Tender Info&quoute;, Global Procurement Facilitator, http://www.tendersinfo.com/global-azerbaijan-tenders.php
Opinion: Disagree
Comment: Suggest 1 based on the failure to implement audit decisions.
Suggested score: 1
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
As stated by the National Integrity Assessment for Azerbaijan, &quoute;the Law on Public Procurement does provide certain mechanisms for the contractors to lodge a complaint of potential misconduct in procurement procedures. The State Procurement Agency, which is tasked among other responsibilities with supervising legality of procurement of goods, works and services on a competitive basis and performance of contracts, can suspend procurement procedures for seven banking days if it finds a violation of law.&quoute; Evidence suggests that enforcement of the Law on Public Procurement is nonetheless weak.
1) President of the Republic of Azerbaijan, Decree of the President of the Republic of Azerbaijan On Enforcement of the Law of the Republic of Azerbaijan ‘On rules of ethics conduct of civil servants’ (November 23, 2009).
2) United Nations Division for Public Administration and Development Management and the United Nations Department of Economic and Social Affairs, Republic of Azerbaijan: Public Administration Country Profile (March 2004).
3) Republic of Azerbaijan Commission on Combating Corruption, Law of the Republic of Azerbaijan on Combating Corruption (January 13, 2004): http://www.commission-anticorruption.gov.az/view.php?lang=en&menu=19&id=32
4) Vestnik Kavkaza, &quoute;Military code to be adopted in Azerbaijan&quoute; (November 29, 2011): http://vestnikkavkaza.net/news/politics/20442.html
5) Nationa lntegrity System Assessment for Azerbaijan, file:///C:/Users/Hillary/Downloads/2014_NISAzerbaijan_EN%20(4).pdf, 2012-2015.
Opinion: Agree with Comments
Comment: - Could you provide a reference to specific articles of the law you listed on sanctions.
Suggested score:
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Are procurement staff, in particular project and contract managers, specifically trained and empowered to ensure that defence contractors meet their obligations on reporting and delivery?
Azerbaijan has reportedly provided training for its procurement staff. In addition, current legislation provides for organisational safeguards at the level of contracting entities to ensure impartiality and objectivity of the decision-making process (prevention of conflict of interest, requirement to establish an independent tendering commission, objective criteria for exclusion of economic operators) See source 3). It is not clear, however, what the content of this training is, or how effective it is in practice. See sources 1) and 2).
1) OECD, Ethics Training for Public Officials, http://www.oecd.org/corruption/acn/library/EthicsTrainingforPublicOfficialsBrochureEN.pdf (March 2013).
2) Michael Bryane and Natalya Mishyna, “Anti-corruption Law: Lessons for Former Soviet Countries From Azerbaijan,” http://ancorage-net.org/content/documents/azerbaijan.pdf (October 2007): 40.
3) OECD, “Second Round of Monitoring Report: Azerbaijan,” OECD Anti Corruption Network for Eastern Europe and Central Asia Istanbul Anti-Corruption Action Plan (March 31, 2010).
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?
The 2012-2013 National Anti-Corruption Plan calls for &quoute;Improvement and Promotion of Transparency in Public Procurement.&quoute; Connected to its call for greater transparency in procurement is the &quoute;application of measures aimed at expedient review of complaints filed by bidders in the public procurement competition, with a view to protect their rights.&quoute; While it's unclear the extent to which these measures have been fully implemented/utilized, I have found no evidence of companies that have attempted to complain being unfairly disadvantaged or debarred from future procurements. The European Bank of Reconstruction and Development characterizes Azerbaijan's public procurement legal framework as &quoute;bureaucratic
and lacking accountability structures.&quoute;
1) Office of the General Counsel of the European Bank of Reconstruction and Development (EBRD), Commercial Laws of Azerbaijan: An Assessment by the EBRD, http://www.ebrd.com/downloads/sector/legal/azer.pdf, page 14 (March 2011).
2) National Anti-Corruption Plan, 2012-2015, http://www.antikorrupsiya.gov.az/upload/file/NACAP%20Azerbaijan%202012-2015%20Eng.pdf.
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
What sanctions are used to punish the corrupt activities of a supplier?
There is no evidence that Azerbaijan has adopted specific regulations or sanctions to deal with corrupt activities of its suppliers. That said, there is evidence of questionable corruption charges being used to take down people considered to be unfriendly to the regime; overall, the sanctions regime appears to be unstructured and highly politicized see 2) and 3).
1) Council of Europe and the Group of States Against Corruption, Third Evaluation Round: Compliance Report onAzerbaijan, passim.
http://www.coe.int/t/dghl/monitoring/greco/evaluations/round3/GrecoRC3(2012)12_Azerbaijan_EN.pdf (October 19, 2012).
2) Giorgi Gogia, “Personally Smeared for Uncovering Corruption in Azerbaijan,” Human Rights Watch (September 5, 2013).
3) A. Huseynbala, “Criminal Case filed against Turkish businessman in Azerbaijan,” Trend (June 4, 2009).
Opinion: Agree with Comments
Comment: Suggest changing &quoute;highly politicised&quoute; for a more precise formulation, e.g. shaped by the interests of high-level officials, non-objective, etc.
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
When negotiating offset contracts, does the government specifically address corruption risk by imposing due diligence requirements on contractors? Does the government follow up on offset contract performance and perform audits to check performance and integrity?
No hard information on this issue has been found. The government has committed itself to enhancing transparency for different ministries. According to an interview with an expert - see 1) above, more information is now available online to help prepare the preparation of bids and to render public results. This could expose Azerbaijan officials to better practices and set new standards. It is expected that some due diligence is exercised but, to what extent this is done, how, and how rigorously, is not clear. The State Procurement Agency, which is one of the bodies meant to exercise oversight, is reportedly motivated but it lacks resources -see 1) above. Again, how relevant all this might for the defence sector is unclear.
1) Interview with Interviewee 1, via Skype, July 3 2014.
2) Republic of Azerbaijan, State Procurement Agency (Accessed June 28, 2014): http://azerbaijans.com/content_538_en.html
3)&quoute; Oil Trading Contracts Award and Sumato Energy Group&quoute;AZERBAIJAN ANONYMOUS EXPLAINED (Accessed on April 29, 2015 at
http://www.azerbaijananonymousexplained.com/eng/azerbaijan-anonymous-explained/oil-trading-contracts-award-sumato-energy-group/
4) The Azerbaijani defence Industry - Market Entry Strategy to 2018: Market Profile, December 2013 - Strategic Defence Intelligence http://www.reportlinker.com/p01937525-summary/The-Azerbaijani-defence-Industry-Market-Entry-Strategy-to-Market-Profile.html
5) Counter Trade & Offsets, Azerbaijan goes global in search for industrial participation partners, XXIX, No 23, 12/12/2011, https://cto-offset.com/headline/azerbaijan-goes-global-in-search-for-industrial-participation-partners/
Opinion: Agree with Comments
Comment: - Provide link to support this statement - &quoute;more information is now available online&quoute;. Who exactly is providing that information?
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Does the government make public the details of offset programmes, contracts, and performance?
The above-cited report, which is believed to be from 2010, suggests that the government is aware of the advisability of being more transparent about offset programmes in areas not engaging national security - see 1) above. This has been confirmed by the expert interviewed. See source 2). No other details available.
1) BP “Additionality and Offset Programmes —CIP, EIP, Offset and Other Initiatives” (Accessed June 28, 2014): http://subsites.bp.com/caspian/BTC/eng/q3_es_04/10_%20EIP%20CIP.pdf
2) Interview with Interviewee 1, via Skype, July 3 2014.
3) Republic of Azerbaijan, State Procurement Agency (Accessed June 28, 2014): http://azerbaijans.com/content_538_en.html
4) The Azerbaijani defence Industry - Market Entry Strategy to 2018: Market Profile, December 2013 - Strategic Defence Intelligence http://www.reportlinker.com/p01937525-summary/The-Azerbaijani-defence-Industry-Market-Entry-Strategy-to-Market-Profile.html
5) Counter Trade & Offsets, Azerbaijan goes global in search for industrial participation partners, XXIX, No 23, 12/12/2011, https://cto-offset.com/headline/azerbaijan-goes-global-in-search-for-industrial-participation-partners/
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Are offset contracts subject to the same level of competition regulation as the main contract?
An expert that interviewed- see 1) above - considered that contracts might not be subject to any significant degree of competition in the defence and security sector. For example, in dealing with procurement for emergency situations, the Procurement Agency tended to be ready to waive procurement requirements (details not available). It is therefore likely that the same approach also applies to procurement in the defence sector.
The IMF country report of 2013 on Azerbaijan - see 3) above- calls for a strengthening of its fiscal framework and makes no mention of any arrangements for offset contracts for either the defence/security or any any public sector in Azerbaijan. No further information on this issue has been found.
1) Interview with Interviewee 1, via Skype, July 3 2014.
2) Republic of Azerbaijan, State Procurement Agency (Accessed June 28, 2014): http://azerbaijans.com/content_538_en.html
3) &quoute;Azerbaijan:selected issues &quoute;, IMF Country Report No.13/165, June 2013, (Accessed on April 29, 2015 at http://search.mywebsearch.com/mywebsearch/GGmain.jhtml?st=bar&ptb=2DA111B1-8BAD-4667-BBCF-417BEEABD837&n=77fc8e58&ind=2013040216&id=UXfox000&ptnrS=UXfox000&searchfor=offset%20contracts%20Azerbaijan
4) The Azerbaijani defence Industry - Market Entry Strategy to 2018: Market Profile, December 2013 - Strategic Defence Intelligence http://www.reportlinker.com/p01937525-summary/The-Azerbaijani-defence-Industry-Market-Entry-Strategy-to-Market-Profile.html
5) Counter Trade & Offsets, Azerbaijan goes global in search for industrial participation partners, XXIX, No 23, 12/12/2011, https://cto-offset.com/headline/azerbaijan-goes-global-in-search-for-industrial-participation-partners/
Opinion: Agree with Comments
Comment: Suggest replacing &quoute;There is every reason to assume that such an approach also applies to procurement in the defence sector.&quoute; with
&quoute;It is therefore likely that the same approach also applies to procurement in the defence sector.&quoute;
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Opinion: Agree
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Opinion: Agree
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How strongly does the government control the company's use of agents and intermediaries in the procurement cycle?
No concrete information appears to be available on this issue. But in view of the overall lack of transparency and control over the defence sector, it seems unlikely that there is an effective system for governing the activities of agents and intermediaries active in the procurement cycle.
A review of public available sources did not reveal any information.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?
Information on the financing packages is sparse or non-existent in keeping with the overall lack of transparency over the defence sector, as the above -cited websites underline.
1) Republic of Azerbaijan, State Procurement Agency (Accessed June 28, 2014): http://azerbaijans.com/content_538_en.html
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Does the government formally require that the main contractor ensures subsidiaries and sub-contractors adopt anti-corruption programmes, and is there evidence that this is enforced?
No information indicating that the government requires such conditions has been found. As the research for this project has underlined, the government's approach to corruption is essentially declaratory.
A review of public available sources did not reveal any information.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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How common is it for defence acquisition decisions to be based on political influence by selling nations?
Reports by international expert groups and the media suggest that Azerbaijani defence acquisition has indeed been subject to political influence by selling nations. For example, Azerbaijan has been said to be &quoute;slow to implement NATO-recommended reforms, partly because of its policy of balancing the interests of the US, EU, Russia and Iran&quoute; (see reference 1) .
An article published by a Turkish newspaper in 2013 suggests that Azerbaijan's defence acquisition policy is to a great extent driven by political considerations: &quoute;Since 2011, Azerbaijan has signed or enhanced defence industry co-operation agreements with governments and companies from South Korea, Israel, South Africa and Turkey&quoute;.
Azerbaijan's defence co-operation with Turkey dates back to the early independence period, and bilateral relations were developed further in 2011, through a joint venture between the Azerbaijani Ministry of Defence Industry and Turkey's state-owned Machinery and Chemistry Enterprise, focused on developing small arms and ammunition. Similar to Turkey, Israel has taken an important place in Azerbaijan's defence co-operation. Since 2011, Israeli Aerospace Industries (IAI) has been involved with Azerbaijan in establishing a joint venture on unmanned aerial vehicles (UAVs).
1) International Crisis Group, “Azerbaijan: Defence Sector Management and Reform,” Europe Briefing No. 50 (October 29, 2008).
2) Zaur Shiriyev, “Azerbaijan-Georgia military cooperation and Turkey’s influence,” Toady’s Zaman (May 29, 2013): http://www.todayszaman.com/columnists/zaur-shiriyev_316842-azerbaijan-georgia-military-cooperation-and-turkeys-influence-1.html
Opinion: Agree with Comments
Comment: Additional reference (provides further detail on cooperation with Israel).
Azerbaijani defence Policy and Military Power, by Richard Weitz (2012-10-18) at http://www.sldinfo.com/azerbaijani-defence-policy-and-military-power/
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Opinion: Agree
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Opinion: Agree
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The constitution of Azerbaijan confers formal independence to the legislative, executive, and judicial powers (Article 7.1.IV). The Milli Majlis of Azerbaijan is formally responsible for creating rules related to defence and military service (Article 94.1.18) and the basis of security in Azerbaijan (Article 94.1.20). Rulings related to matters of military doctrine (Article 95.1.7) military engagement (Article 95.1.16), and the declaration of war (Article 95.17.1) are classified as within the Majlis core competence but are officially based on the recommendation or request of the Executive branch.
These formal provisions for parliamentary oversight notwithstanding, the legislature does not exercise independent legislative scrutiny in practice, especially over defence. Most decisions are adopted by the president’s office through executive order or passed by parliament following perfunctory debate. Parliament’s actual powers for legislative scrutiny and oversight are weak. President Aliyev is the commander-in-chief and the only civilian who exercises effective control over the armed forces. Further, most significant decisions regarding defence policy are made by the president through executive order, or passed by Parliament (controlled by the president’s allies) following a symbolic debate. There is little democratic control by parliament and its committees over other branches of government. The legislature’s ability to summon cabinet ministers (all appointed by the president) is limited. This lack of parliamentary oversight leads to a further lack of transparency and accountability in the security sector.
The ruling New Azerbaijan Party won 70 of the 125 seats in the National Assembly in early November 2015 amidst an opposition boycott. In the past, it has been accused of suppression, fraud and illegal restrictions.
Response to Peer Reviewer: Agree, comments and sources incorporated.