A referendum on the background of paralysis of civil society, human rights activist

The proposed amendments to the Constitution are not of reformist character. The campaign  on referendum takes place  under the conditions of  the paralysis  of civil society and repression against activists, said in an interview with Turan the head of the  Election Monitoring and Democracy  Studies  Center (EMDC), a human rights activist Anar Mammadli.

Despite the draft Referendum Act provides for major changes in the political and legal system of Azerbaijan, this document without prior debate in Parliament and political circles was submitted to a popular vote, it raises questions.

There was no explanation on the feasibility of the proposed changes, said the head of EMDC. Since  2013, it the pressure on human rights organizations, advocates of democratic values has increased, as well as  the  arrests of civil society leaders, the reactionary amendments to the law on NGOs, the closure of the OSCE Office in Baku, and the expulsion of foreign NGOs were the beginning of the process, " Mammadov said. Despite the fact that at the beginning of 2016 were released on a number of human rights defenders and other political prisoners, the current socio-political environment does not allow to conduct free activities.

The reactionary amendments to the legislation made in 2013  have not been removed, have not been  terminated the prosecution of a number of local and foreign NGOs,  there are still high tax penalties, difficult foreign donor funding. "All this makes it impossible for civil society activities in the referendum period".

In contrast to the constitutional referendum  on 23 August, 2002 and  on 18 March, 2009, now civil society is unable to enlighten voters to protect the electoral rights of citizens and to organize election monitoring. "In fact, the process of national importance takes place  under the paralysis of civil society," said Mammadli.

He also noted that the referendum Act had not been submitted for examination by the Venice Commission of the Council of Europe. "Thus, the government acknowledged that the proposed changes to the Constitution are far from the Council of Europe standards.

In 2009, the referendum act was not represented in the Council of Europe, and the Venice Commission gave its opinion on the basis of the Council of Europe secretary general circulation. The current amendments are non-reformatory, and do not meet the needs of real constitutional reforms," Mammadov said.

 The head of the EMDC believes that the existence of 70 political prisoners, and the constant growth of the number of clear evidence on the absence of democratic conditions. "The arrests of the last days, the closing of ANS TV  show that the authorities are concerned with the  use of freedom of expression in the referendum period. This process shows that the authorities have increasingly weakened immune system, and they reinforce authoritarianism, increasing repression," Mammadov said.

As for the essence of the amendments, according to Mammadli, they restrict the rights and freedoms of citizens and the authorities demonstrate disregard for its international obligations to the UN and the Council of Europe and the OSCE. "If these amendments are adopted, Azerbaijan will acquire among the states of the Council of Europe and the OSCE the status of the country limiting the rights and freedoms at the constitutional level,"  Mammadli said.

With regard to the extension of the powers of the president from 5 to 7 years,  Mammadli noted that  in the countries of the CE, only Ireland and Italy is such term of office of the head of state. However,  in these countries  the  parliaments have  great powers, and  there is not a presidential system.

In general, proposals relating to the separation of powers are not of  reformist character. In the case of amendments, a tough presidential power will be established in the country. And the role of Parliament, as a political and legal institutions in the state control will be completely lost. There are no explanations on the elimination of the age limit for presidential candidates and members of parliament, he said.

* For many years the EMDC monitored the parliamentary, presidential and municipal elections in Azerbaijan (2001-2013 biennium.)  After the presidential elections in 2013 the head of  the EMDC Anar Mammadli was arrested on trumped up charges, and spent in prison 2 years  and three  months. -06D-