New bill: registration of "naughty" parties will be easily canceled

On the website of the Milli Majlis, some provisions were excluded   from the updated version of the new draft law "On political parties", which caused criticism from the opposition.

So, now, the founders of the party can  be "not less than 50 citizens", and "not less than 200 citizens", as it was originally.  The requirement that party founders can be persons permanently residing in Azerbaijan for at least 20 years is excluded from the document. The new edition says nothing about it.

The requirement for the number of party members required for state registration was reduced by half - to 5,000 people. But, if the number of party members is below 4500, then the party can be dissolved by a court decision.

Parties with state registration will be given 180 days to bring the number of members to 5000 people. Otherwise, the relevant executive authority - the Ministry of Justice will apply to the Court of Appeal with a claim to liquidate the party. At the same time, the requirement to dissolve political parties that did not take part in the elections two times in a row was excluded from the document.

The procedure for determining the upper limit of donations made by one person to one or several parties has changed. This indicator is set at 35 minimum wages. Today it is 10.5 thousand manats. In the initial version, the upper limit of donations was set at 10,000 manats.

An innovation is the financing of political parties that participated in the elections, but did not get into parliament. These parties will be allocated 2.5% of the amount allocated from the state budget to finance the parties. Membership fees and donations to parties will not be taxed.

Along with this, the draft law preserves the norm on the inadmissibility of the activities of political parties that do not have state registration.

The head of the Civil Rights Institute Bashir Suleymanli commented  on the updated version of the new draft law "On political parties" in an interview with ASTNA.

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Question: Some provisions of the updated version of the draft law, which caused criticism, were excluded from the document and these provisions were replicated in the media. This is the positive side of the issue. But what negative and still criticized issues remain in the bill?

Answer: The law "On political parties" introduced in September by the Milli Majlis has been presented with some changes in a new edition. But, as before, the Law contains provisions that violate the right of citizens to freedom of association and contradict the European Convention on Human Rights. The state cannot oblige citizens who have united around a political idea to create political organizations. The creation of a political organization is an integral part of the rights of citizens to freedom of association. In general, such laws should only regulate the system of relations and formalize the rules. However, we are witnessing that this Law to a greater extent establishes prohibitive norms in connection with the management of political parties. Let's move on to the articles of the draft, the goals of which are unclear and cause concern;

The requirement for a political party to have at least 5,000 members for state registration is still excessive and does not meet international standards. The previous draft required 10,000 members, the new draft seems to have reduced the number of members. But, this is also a very large number. In general, it is absurd to establish such a number of members as a requirement for the foundation. In today's world, parties are judged more by votes received in elections than by membership. Setting mandatory 5,000 people for early registration is aimed at blocking the activities of the parties from the very beginning. On the contrary, it is necessary to create conditions for citizens to unite legally and participate in elections and political processes. The voter himself will choose which party he will turn to, which he will vote for and which he will believe.

On the other hand, there are plenty of pretexts for deregistration of the party. For example, gaining the right to sue in the Court of Appeal if a state-registered political party has fewer than 4,500 members.

It cannot but cause concern and the requirement to include in the state register, within 180 days from the date of entry into force of the Law, the number of members of a political party that was registered before the entry into force of the Law. Because all the information is required here, and the parties are concerned that these people may be pressured in the future.

Question: The draft Law retains the rule on the inadmissibility of the activities of political parties that do not have state registration. Doesn't this mean that the government will allow the functioning of a party that pleases it and prohibit the activity of an objectionable one, refusing to register it under various pretexts?

Answer: Yes, this rule is alarming. I noted this earlier. They can appoint inspections at different times, identify shortcomings, and terminate activities. On the other hand, parties that do not reach 4,500 members within 180 days will also be abolished and banned. Knowing the essence of political governance, we can reasonably assume that in the future it will be easy to de-register "disobedient" parties.

Question: How to prevent  the discrimination, how to create  equal conditions for each party? Is there any mechanism that will prevent the solution of the issue at the request of the authorities?

Answer: It is difficult to say in advance. However, knowing the essence of political management, it can be predicted that if any party creates "problems", then leverage will begin to act against them. Just as we see it in the management of other institutions - Media, NGOs. The selective approach towards political parties will be used in the same way. NGOs are also registered, those that cooperate with the authorities or have a recommendation are given a “green light”. Those NGOs that are independent do not register them, obstruct their activities, create problems and artificial obstacles. True, there is no legal ban on the activities of an unregistered NGO. However, the course of the processes indicates that after the toughening of the law “On Media”, “On Political Parties”, in the future a law will be adopted that will abolish the activities of unregistered NGOs and further complicate their work. Naturally, this is not legitimate and is a restriction of the right to freedom of association.

Question: Have international institutions reacted to the new bill? Has the Venice Commission expressed its opinion on this bill?

Answer: Today the chairman of the REAL party, Ilgar Mammadov, received a response to a request from the Venice Commission. In response, they said that they had not received such a document.

But the deputies of the Milli Mejlis say that the recommendations of the Venice Commission were taken into account when drafting the law. However, this should not be the case. The project must be sent to the Venice Commission for an opinion. There should also be broad public discussion.

Question: What do you suggest? What needs to be changed to bring the bill into line with normal international standards?

Answer: The answer is obvious. There are reminders and recommendations of both the Venice Commission and the OSCE Office for Democratic Institutions and Human Rights in this direction. They clearly define the contours and norms of the law "On political parties". Rules have been established regarding both the registration of political parties and forms of government, including their liquidation. This is done so that some countries, looking through their own lens, do not restrict laws on freedom of assembly.