Azerbaijan Laws do not Guarantee Fair Elections

Civil Society Coalition "For transparent and fair elections" presented an analysis of the pre-election situation in Azerbaijan. The presentation, held at the International Press Center looked at election monitoring and recommendations, with a particular focus on electoral law.  

Experts prepared documents that were presented to the public from the members of the coalition, having significant experience in monitoring elections in Azerbaijan. According to Coordinator Arzu Abdullayeva, this civil society organization decided to bring their contribution to the democratic environment in an election year.

Authorities believe that the existing conditions guarantee democratic elections and are unwilling to change the law that, according to the opposition and independent NGOs, does not create the conditions for a fair election, and especially for the voters, said Mehman Aliyev, Director of the Turan News Agency. He presented a paper entitled "Analysis of the pre-election situation in Azerbaijan.”

Aliyev noted that analysis of the legislation and recent protests in the country is not calming. "If you save the legislation in its current form, the authorities will inevitably turn the individual grievances into a single channel of protest across the country, because almost all the population is part of one process - the election of the president. And universal violation will inevitably provoke universal protests."

The authors of the analytical report, referring to foreign and domestic experience, concluded that in order for fair and free elections to occur, the following conditions would be required:

1) The political will of the country to undertake the necessary measures to ensure democratic elections;

2) An independent and neutral body to manage and conduct elections;

3) Electoral law must meet international standards and democratic principles;

4) Laws regarding rallies, demonstrations, meetings must ensure human rights and freedoms;

5) Media law must provide the freedom to receive and disseminate information;

6) Laws regarding NGOs must allow freedom of public control (monitoring) of elections;

7) Laws regarding political parties must provide them with equal rights and opportunities.

The document noted main legal obstacles and violations, which do not allow free and fair elections, such as the absence of parity formation of election commissions, excessive powers held by the chair of the Commission, voting at multiple polling stations. Particular reforms would include shortening the election term from 120 days to 60 days, the time to nominate a candidate from 70 days to 37, reduction of campaigning from 59 days to 22 days, reduce unrealistic collection of signatures for registration of a candidate – 40,000 of no less than 60 districts, etc.

The analytical report highlighted 32 specific violations that occurred during previous elections, which could be repeated if the current electoral law and other laws limiting the activities of political parties, NGOs and the media are retained.

The Coalition has concluded that the Azerbaijani government has an obligation to review current legislation and bring it in line with international laws.

The full text of the conclusions of the coalition, which brings together 15 organizations and persons, will be published on various web pages, including www.contact.az. - 0 –