"The initiative to switch to a proportional electoral system comes from the political authorities"

Parliamentary Assembly of the Council of Europe (PACE), Jan Liddell-Granger and Liz Kristoffersen, who were on a visit to Azerbaijan on June 3-7, published a statement on the results of the visit on June 14. The statement touched upon and expressed concern about the fulfillment of Azerbaijan's obligations to the Council of Europe, the state of democracy, the rule of law and human rights in the country, the continuation of restrictions on freedom of association and assembly, the resolution of the Parliamentary Assembly adopted in 2020 on political prisoners, decisions made by the European Court of Justice, the new Law "On Political Parties" and other issues.

The statement also calls for the reform of the electoral system in accordance with the recommendations of the Venice Commission and the OSCE/ODIHR (Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe). At the same time, the Government's plan for the transition in parliament from a majority system to a proportional system was approved.

If there is such a plan?

The chairman of the Public Association "Law and Development" Hafiz Hasanov answers the questions of ASTNA concerning the transition plan from a majority system to a proportional one.

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Question: The Co-Chairs of the Parliamentary Assembly of the Council of Europe, Jan Liddell-Granger, and Liz Kristoffersen, who visited Azerbaijan on June 7, noted in their statements following the visit that the government approved a plan for the transition in parliament from a majority system to a proportional one. What does this mean? Is there such a plan?

Answer: Recently, reports that parliamentary elections will be held according to a proportional or mixed electoral system can also be detected by the media. The fact that the PACE Co-Chairs have recently expressed their views on the transition to a proportional electoral system speaks to the seriousness of these plans. The adoption of a tougher Law "On Political Parties" and the controlled processes of self-dissolution of some political parties also increase the likelihood of a transition to a proportional electoral system. So, on the eve of the transition to a proportional system, this creates the appearance of a process of "regulation" of political parties in accordance with the plans of the political authorities.

Question: It turns out that PACE co-rapporteurs received such assurances at a meeting with government representatives. Does Azerbaijan need a transition from a majority system to a proportional one?

Answer: With a normal approach, holding parliamentary elections under a proportional or mixed system has many positive aspects. First of all, it will contribute to the development of political parties in the country and political pluralism in general. Previously, local, and international organizations have made proposals to hold parliamentary elections under a proportional or mixed electoral system. However, at that time, these proposals were not even put up for discussion. I believe that the initiative to switch to a proportional electoral system in this case comes from the political authorities themselves and is connected with some plans for the supreme administration at the next stage. If the goal was sincere, then the Laws "On Political Parties" and "On Media" would not be tightened. Favorable conditions would also be created for the activities of all political parties and free political competition.

Question: If that is the case, then we should go for amendments to the Constitution. A referendum should be held. If the referendum takes place, it is likely that more than one of these changes will be made. There will be other questions. What other issues, in your opinion, can be put to a referendum?

Answer: The holding of parliamentary elections under the proportional electoral system or the mixed electoral system requires the introduction of appropriate amendments to the Constitution. Making any changes to the administration is also possible by amending the Constitution. And amendments to the Constitution can be made by referendum. Also, an opinion of the Constitutional Court should be received on these changes. Unfortunately, information about the planned changes is not made public. Therefore, it is not possible to express a lengthy opinion on specific expected changes.

Question: What will change the conduct of elections under a majority or proportional system without making changes to the legislation on political parties and elections, reforming the electoral system in accordance with the recommendations of the Venice Commission and the OSCE ODIHR?

Answer: I completely agree with you. The main thing is not in which electoral system the elections are held, but in the legality and democracy of the elections. Unfortunately, so far, the elections in the country have been assessed by independent local and international observation missions as inconsistent with democratic standards. At the same time, the OSCE ODIHR and the Venice Commission of the Council of Europe have received many proposals to improve the legal framework and electoral practice of elections in Azerbaijan. Also, in the decisions of the European Court of Human Rights in connection with Azerbaijan, many proposals were made in this regard.

However, these proposals were not put up for discussion and were not considered in electoral legislation and practice. If a favorable legal environment and free electoral competition are not created in the electoral system of the country, then no matter which electoral system the elections are held, no changes for the better will occur.

Question: What is the essence of your proposals?

Answer: I believe that in order to hold free and fair elections in the country, it is necessary to conduct fundamental and real reforms of the country's electoral system. These reforms should first of all cover the legal framework in this area. Here, amendments should be made not only to the Electoral Code, but also to the laws "On political Parties" and "On Freedom of Assembly" in a positive way in accordance with the proposals of local and international organizations related to the elections. Elections should be conducted by electoral bodies enjoying the confidence of competing parties. At the same time, independent appeal bodies (administrative and judicial bodies) should be formed in cases of electoral offenses. An equal and favorable environment should be provided to all parties conducting political competition.