Constitution Day in Azerbaijan: 29 years later

On November 12, Azerbaijan marks a pivotal moment in its modern history: Constitution Day. The adoption of the country’s first constitution in 1995 was a significant milestone in Azerbaijan’s quest for sovereignty and democratic governance. Nearly three decades later, this holiday remains a symbol of national pride, reflecting the country’s legal foundations and its commitment to a democratic future.

The constitution, developed under the leadership of Heydar Aliyev, Azerbaijan’s third president, was the product of the nation’s turbulent post-Soviet transformation. It came into force on November 27, 1995, following a nationwide referendum. For Azerbaijan, this was a defining step in creating a legal framework that enshrined the principles of sovereignty, democracy, and human rights.

Fundamentally, the constitution was seen as a blueprint for an independent state, laying the foundation for a government that respects the rule of law and individual freedoms. It aimed to address the challenges of transitioning from Soviet rule to a model that upholds democratic values—an essential step for shaping Azerbaijan’s national identity and development.

The Constitution of Azerbaijan consists of five sections, divided into 12 chapters and 158 articles. It outlines the principles of statehood, citizens’ rights, and the structure of government. One of its core tenets is that the Azerbaijani people are the sole source of power, a principle intended to foster a sense of ownership and participation among the population.

The constitution guarantees a range of civil liberties, including freedom of speech, assembly, and religion, as well as the protection of private property. It also sets the framework for the separation of powers, delineating the roles of the executive, legislative, and judicial branches. However, human rights organizations and local activists have raised concerns about the implementation of these provisions, citing ongoing issues with civil liberties and the independence of the judiciary.

While Constitution Day is a working day in Azerbaijan, it is celebrated with various events, including official ceremonies and cultural programs. This year, the country marks the 29th anniversary of its fundamental law.

Since its inception, Azerbaijan’s constitution has undergone several significant amendments aimed at adapting it to the evolving needs of the state and society:

2002: The first major set of changes took place in August 2002, introducing 29 amendments across 24 articles. These reforms focused on enhancing mechanisms for human rights protection and increasing government efficiency.

2009: On March 18, 2009, a second referendum brought over 30 changes to 25 articles. The most controversial amendment was the removal of presidential term limits, a decision that sparked both domestic and international debates regarding its implications for democracy in Azerbaijan.

2016: The most extensive set of amendments came in September 2016, with 41 changes affecting 29 articles. This reform package introduced new provisions, including the establishment of the position of First Vice President and measures to strengthen executive authority.

The amendments to Azerbaijan’s constitution have generally followed several key themes:

• Enhancing the effectiveness and efficiency of state and judicial institutions.
• Strengthening local self-governance by improving municipal structures.
• Expanding the protection of individual rights and freedoms.
• Adapting the constitution to contemporary challenges and demands.

Among the notable additions was the right of citizens to appeal directly to the Constitutional Court, aimed at providing broader legal recourse in cases of rights violations. However, critics argue that the practical exercise of this right remains limited due to political and judicial constraints.

Despite the reforms, there is growing concern over the gap between the constitutional ideals and their implementation. Reports of human rights violations, restrictions on freedom of expression, and instances of judicial interference continue to overshadow the country’s legal achievements. Property rights, the rule of law, and the freedom of citizens to participate in the political process are areas where the promises of the constitution remain only partially fulfilled.

The Azerbaijani government has faced criticism for using constitutional amendments to consolidate executive power rather than fostering a more balanced and democratic political environment. While the constitution provides a robust legal framework, the challenges in enforcing its principles in practice highlight the ongoing struggle for genuine democratic reforms.

Nevertheless, in a country still overcoming the challenges of post-Soviet governance and regional tensions, the constitution remains a vital tool in shaping its future—a future that, despite the difficulties, still holds the promise of the democratic ideals enshrined nearly 30 years ago.