“Political parties are not able to influence the will of the government”

At the plenary session of the Milli Majlis on December 16, a new draft law "On political parties" was adopted in the third reading. After that, to put into force, the president needs to approve it, and experts have no doubt that this will happen soon. There are many critical opinions about the draft law; experts, as well as many activists of political parties, believe that the entry into force of the law will de facto put the activities of parties in an even more difficult position.

During the discussion of the bill, many deputies stated that the draft they developed was based on the opinion of the Venice Commission. The chair of the Republican Alternative (REAL) party, Ilgar Mammadov, addressed the Venice Commission with a request on this matter, and the response received, showed that the commission was not in charge of developing such a bill. After the bill was adopted by the Milli Mejlis, Ilgar Mammadov asked the president not to approve the law until the conclusion of the Venice Commission was received.

What awaits the political parties if the bill is approved in this form? What steps will political parties take to protect their existence?

Mirali Huseynov, chair of the Public Association for the Study of Democracy, answers ASTNA's questions.

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Question: The new law "On political parties" was adopted by the parliament in the third reading. Now it should be approved by the President and come into force. Despite a lot of criticism about this bill, the Parliament nevertheless passed it. Do you think the president, given this criticism, will withdraw this bill or adopt it in this form?

Answer: Parliament's approval of this draft law was expected. At least the fact that the initiative came, at least formally, from parliamentarians, and the warm attitude of the parliamentary leadership to the project made this possible. Although a small part of the proposals made by political parties and civil society were considered, the bill's more troubling issues remained unchanged and were approved by Parliament. The next procedure is the approval of the law by the President and its subsequent entry into force. I believe the process will continue in accordance with the procedures. Of course, in the practice of the country there are cases when the bill was not signed by the president and was returned to the parliament. But I do not think that this practice can be repeated in relation to this law. Support for the bill by the ruling party and the dynamics of political processes do not promise such a prospect.

Question: The conclusion of the Venice Commission has not yet been received. The chair of the Real Party, Ilgar Mammadov, has already asked the president not to approve this bill until the conclusion of the Venice Commission is received. If a negative opinion of the Venice Commission is received before the bill is approved, can the bill be approved in this form?

Answer: This is not the first time that a draft law has been adopted without the opinion of the Venice Commission. This has happened before, and this time is no exception. Of course, and it is very likely that the Venice Commission, albeit belatedly, will give an opinion on the bill. But it would be naive to believe that this opinion will change the bill and the intentions of the government. By the time the opinion is passed, the law will have already been signed and will come into force. I am sure that if the government had such an intention, it would have started cooperation with the Venice Commission in advance. If this does not happen, then hoping for something is nothing but self-deception.

Question: What will be the procedures if the negative conclusion of the Venice Commission is received before the adoption of the law or after its approval, and the law will operate in this form without considering this conclusion? Is there some kind of punishment mechanism?

Answer: I partially answered this question. As for the subsequent dynamics of the processes, one should not expect a special result. The possibilities of the European Council to impose sanctions against member states, including Azerbaijan, are not so wide and they do not want it. Associations formed on a voluntary basis build their activities more on the principles of cooperation, persuasion, and mutual respect than on punishment mechanisms. If sanctions were applied to states for such acts, then the number of members would not be so large. The mechanism of sanctions works very rarely when gross violations are committed, and this is right.

Question: What steps, now or after the law comes into force, can political parties take to oppose the law and protect their existence?

Answer: Unfortunately, political parties are unable to influence the will of the government. If they could influence, then the law in this form would not be adopted. What is surprising is that the majority, except for a few parties, approves the bill. I observed this at the public discussion of the bill, organized by the Milli Majlis. I witnessed a very soft, liberal attitude towards the bill of the representatives of the political parties who participated in this discussion. This attitude, with few exceptions, was also observed in the results of a survey conducted by the Center for Social Research among political parties. Of course, in such circumstances, most of the ability of political parties to be able to maintain their existence, and most importantly, to fight does not look convincing.

Question: There are versions that the purpose of the application of the bill in this form is to ensure that most political parties fail, the dwarf parties unite, a total of 5-10 political parties remain in Azerbaijan and the authorities can easily finance and control them. How much truth do you think is in these versions?

Answer: Unfortunately, there is a lot of truth in what has been said. The number of parties will be significantly reduced, which will give them the opportunity, as you said, to strengthen control and finance. With strict administrative controls and the possibility of interference, it will be difficult for political parties to pursue an independent political course. And financial dependence and interests will force them to take a more cautious and “constructive” position. The country's political palette will be formed by "constructive" political parties that support the government and its course.

Question: Where do you see the way out? What should the government do to create a normal system?

Answer: The formation of an unfavorable environment for political parties and their elimination does not bode well for anyone. The society and the government itself are not interested in it. Since political parties are the most reliable and proven means of ensuring a smooth transition, it is necessary to create conditions for their existence and development. It is through the existence of political pluralism that our well-being, our development, and our unity, necessary to overcome difficulties, pass. The sooner this simple truth is comprehended, the quicker and more numerous will be our successes.