Letter to Azerbaijan’s President Ilham Aliyev

September 8, 2016

His Excellency Ilham Aliyev
President of the Republic of Azerbaijan
Presidential Palace
Istiglaliyyat Street 19
Baku, AZ 1066

Dear President Aliyev,

We write to you to express our deep concern regarding Azerbaijan’s upcoming constitutional referendum on September 26, 2016. We believe that the proposed changes to the constitution and the means for adopting them will undermine your government’s international obligations to protect democracy and human rights. By lengthening presidential terms and expanding presidential authorities, the proposed constitutional changes are susceptible to abuse that would entrench political authority, making it less responsive to the will of the Azerbaijani people. We are especially troubled by amendments that would restrict fundamental rights that are vital to open public debate and government accountability.

Shortly following independence, the Government of Azerbaijan in 1992 joined the Organization for Security and Cooperation in Europe (OSCE) thereby expressing its commitment to the protection of fundamental rights and freedoms as one of the basic purposes of government. We regret that in the years hence Azerbaijan's human rights record fails to reflect this commitment. Time and again, the credibility of Azerbaijani elections has been marred by credible reports of ballot stuffing and irregularities with vote counting, as well as limitations on freedom of expression and freedom of association.

These troubling precedents motivate our concern about the upcoming referendum. If successful, the vote would change the constitution to extend the presidential term from five to seven years, remove the age limits for holding elected office, provide immunity for vice presidents, allow the president to dissolve the national assembly and call early elections, as well as reorganize the presidential line of succession. Additionally, it would subject fundamental rights to vaguely worded restrictions, circumscribing freedom of expression when it provokes “hostility,” freedom of assembly when it “disrupt[s]…public morale,” and property rights when they violate “social justice and effective use.”

We are deeply concerned that Azerbaijani voters are being asked to consider such consequential changes to Azerbaijan’s constitutional framework in a climate that makes free debate all but impossible. In recent days, it has been reliably reported that a number of political activists campaigning against the referendum and several journalists have been detained on trumped-up charges and some have faced mistreatment and torture at the hands of authorities. Even before the latest round of arrests and intimidation, half a dozen journalists were already in jail, Radio Free Europe/Radio Liberty has remained closed since December 2014, and other independent journalists and media outlets faced official harassment.

The upcoming referendum creates a grave crisis of legitimacy. Neither the international community nor the Azerbaijani people can have confidence in a vote that takes place without free access to information, open debate, and transparency. That the Azerbaijani people are being asked to vote on measures that erode democratic principles makes the situation even more unacceptable.

We urge you to reconsider this constitutional referendum and to re-invigorate your government’s flagging commitment to promote the freedom and dignity of its people by ceasing all harassment and proceedings that target political activists and journalists who peacefully express their visions for Azerbaijan. We are inspired by the example of these brave voices and hope that your government will recognize that Azerbaijan’s strength and stability derives from the liberty of its people.

Sincerely,

Christopher H. Smith
Member of Congress

Joseph R. Pitts
Member of Congress

Adam B. Schiff
Member of Congress