TODAY.AZ / Politics

Latif Huseynov: "Claims of Karabakh Armenians for self-determination are legally unfounded"

13 May 2008 [12:32] - TODAY.AZ
Day.Az interview with Latif Huseynov, chief of department of constitutional legislation of Azerbaijan's Milli Medjlis, member of Consultative Committee of the UN Council of Human Rights.
-How would you comment on the announcement of speaker of Armenian parliament Tigran Torosyan in Day.Az interview that "the right of Karabakh for self-determination, including, independence, is blameless"? Do the principles of territorial integrity and national right for self-determination clash in the Karabakh problem?

-No, everything is clear in this issue. In this case, Armenians have no right for self-determination. If as a basic postulate, we take that Armenians as a people are beneficiaries of the right for self-determination, then another issue, but in this case, the basic postulate is incorrect, and we can not consider Armenians as a subject of the right for self-determination. This means that this minority, residing in Azerbaijan, has due rights and Azerbaijani government should ensure their rights, like to any other minorities, and minorities can only self-determine within a single state and as part of the population.

Claims of any national minority for self-determination violates similar rights of the remaining population, separation of any part of the population deprives the majority of their rights.

This means that the basic postulate is incorrect in this issue, therefore, everything is clear for lawyers.

-Is the fact that Armenians have already self-determined within Armenia taken into account?

-No, I  do not use this as an argument. Armenians, residing in Azerbaijan, are a part of the population of the country, they are a minority, due to linguistic, religious and other subjective characteristics. And in line with it we already ensure their rights of minorities.

-I would like to touch upon the reformation of the Azerbaijani legislation. Presidential elections are coming and authorities discuss reformation of the electoral legislation with the experts of the Venice Commission. When will the next round of bilateral talks be held?

-In the principle, the exchange of views between them are not just talks. Our cooperation may proceed in other format. Official talks between representatives of the Venice Commission and Azerbaijani government take place, when the sides achieve any definite results, while the cooperation between us is developing in the continuous work regime.

-Will the amended electoral code be adopted during the spring session of the parliament?

-Yes, it will.

-Will it consider recommendations of some local and foreign organizations to review the composition of the election commissions on the parity basis?

-This issue is not discussed and no one intends to change the composition of the election commissions.

-Will the law "On Freedom of Assembly", planned to be adopted during the current parliamentary session, also change?

-Changes will take place. I can only say that the draft, presented by the Venice Commission, has been approved. The final judgment reads the following: "If the said draft law is submitted and adopted in Milli Medjlis in this form, it will meet all international standards.

-Opposition often accuses our law-makers of blind copying of standard acts, adopted by other countries, instead of working out the laws independently, considering the national features. What would you respond to it?

-Of course, I do not agree with it. This is a completely unfounded opinion. Primarily, such putting of the question should not imply that Azerbaijani legislation will not meet our realities or that these laws would be bad and would not be implemented. This position is erroneous. I can list many examples from the developed countries, for example, from the legislative practice of Japan, when laws and even the Constitution of the country were written by others, in this case-Americans.

There are some standards and better practice and good examples and these examples should be taken into account no matter whether they are reflected in the international documents or are used by other countries. Naturally, national realities should be taken into account if they are of critical importance for the implementation of a law. For example, if they are connected with the mentality, history and traditions. Let's take the law "On electric signature". I think this law should be copied as it is the law on innovations, on new technologies. Here the copied law in case of normal implementation could be successful.

It is quite another matter in the case of the law "On prevention of domestic violence". Naturally, this law should take into account Azerbaijani realities, as this issue is closely connected with mentality and traditions of the Azerbaijani people.

/Day.Az/
URL: http://www.today.az/news/politics/44946.html

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