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In Azerbaijan, there is no atmosphere to hold free elections.
The reason is the unwillingness of the authorities and regressive legislation, which in recent years have further tightened. This was the leitmotif of the conference of 18 August, organized by the Institute of Democratic Initiative (IDI) on the topic: “The analysis of the electoral legislation: international standards, problems and prospects”.
The head of IDI, CEC member Akif Gurbanov said that the analysis carried out by the electoral legislation for compliance with international obligations and standards of the Council of Europe and OSCE.
The study entitled “On improvement of the electoral system” was discussed with representatives of 10 political parties.
Representatives of the ruling party, the presidential administration of Parliament, head of the parliamentary committee on legal policy did not appear at today’s conference, in spite of the invitation.
However, at the meeting there was a wide range of political forces.
The legal expert Alasgar Mammadli gave an overview of the study entitled “A look at the constitutional electoral system, the Electoral Code and related laws, problems and suggestions.”
The reason for the study was the situation in the country, where there was a threat of actual elimination of elections as a means in the formation of the branches of government, lack of confidence in the elections, the decline of public confidence in the principles of democracy, including elections.
Of the six presidential elections in a quarter-century of independence, the average percentage of the officially announced vote in favor of the president-elect was 85.5%. The exception was the election of 1992 when Abulfaz Elchibey won with 59.4%.
On average five referenda votes in favor of the proposals amounted to 89.76% of power. In the parliamentary and municipal elections 90% of the seats represented the interests of the power. However, the statistics do not reflect the mood in society which may not be as monolithic and uniform, said Mammadli.
For comparison, he noted that even in Russia in the last five presidential elections, the winner scored an average of 62.26% of the vote.
One of the drawbacks of the Constitution is the absence of the role and place of political parties. Holding elections only by the majority system also limits the role of the parties.
The problems of the Constitution also include elimination of restrictions on the election of presidency for more than 2 times in 2009.
Among the challenges he mentioned the Electoral Code of reduction over the last five years, the timing of the election campaign from 4 to 2 months, and the stage of agitation from 60 days to 3 weeks.
In addition, election commissions have violated the balance in favor of the representatives of the current government, although the election commissions should be formed on the basis of a balance between the government and the opposition.
In addition, most of the violations in the elections are due to the lack of the country’s independent judiciary that would eliminate them.
Adversely affecting the pre-election environment are the problems with freedom of assembly.
In 2012, the fines for organizing and participation in uncoordinated rallies were raised from 13,000 to 30,000 manats (four times!).
Political parties have little or no access to free broadcast propaganda.
So, over the last 5 years, state television and public television received assistance from the state in 400 million USD, while only ITV provides free air in a very limited way.
Nonsense is the need for permission from the Central Election Commission to conduct exit polls.
Akif Gurbanov himself analyzed the regulations of the CEC. Lower-level election commissions are guided solely by the instructions of the CEC, not laws.
The Expert Group under the Central Election Commission to examine complaints is dependent on this body.
The head of the press group to verify compliance with the rules of campaigning is also a member of the CEC.
Despite the establishment of webcams in the polling stations, their record is almost impossible to use.
The lawyer expert Samad Rahimli analyzed ECHR decisions about violation of electoral rights in Azerbaijan.
In the 2005 and 2010 elections the Strasbourg Court upheld 12 complaints from Azerbaijan.
They concerned the refusal to register, the elimination of the registration of candidates, the abolition of the election results, and non-investigation of complaints.
However, the government fails to comply with the ECHR decision concerning the deficiencies of the electoral system.
The Chairman of the National Council of Democratic Forces (NCDF) Jamil Hasanli noted the deterioration of the situation in compliance with democratic standards in the election.
According to him, the ODIHR at the presidential elections of 2008 found violations in 23% of polling stations, at the parliamentary elections of 2010 – 32%, and at the presidential elections in 2013 – 58%. In his view, instead of elections the usurpation of power actually takes place.
“For the authorities, it does not matter what will be the conclusion of the OSCE ODIHR. They invite a mission to give the appearance of legitimacy of the elections,” said Hasanli.
The head of the party Great Creation Fazil Gazanfaroglu believes that one of the major problems of elections in Azerbaijan is the lack of party democracy.
There are no conditions for the development of political parties. He noted that the Parliament has neither the opposition faction, nor even a faction of the ruling party.
The leader of the Democratic Party Sardar Jalaloglu advocated the adoption of a law on the opposition. He also pointed to the government of not doing ECHR decisions. Jalaloglu won three cases in the ECHR, but other than compensation, the government has not fulfilled the requirements of the Strasbourg Court.
The Board member of the movement REAL Erkin Gadirli believes that even the majority system, even if fair elections suffers disadvantages.
Gadirli believes that foreign oil companies do not want democratic elections in Azerbaijan, for, with a democratically elected parliament, it will be difficult to achieve ratification of the oil contracts.
The leader of Musavat Arif Hajili said that the opposition has enough reason to boycott the elections. So, there is no atmosphere of political competition, equal opportunities for campaigning and electoral administration under the control of the authorities.
However, the tactic of boycott was acceptable until 2005, when the authorities imitated “a smooth transition to democracy” and the opposition threatening with a boycott managed to achieve certain concessions.
In the following period, based on its main resource – the money, the authorities decided to do without the support of the people or the international community and to ignore honest elections.
PFPA Deputy Chairman Fuad Gahramanli believes that participation in the current situation in the elections will be used by the authorities to give them the background of legitimacy. The mandate of the election will receive only those who go on collusion with the authorities.
In the current situation in Azerbaijan, there is no possibility for a democratic change of power, he said.
The inevitable deepening of the economic crisis due to falling oil revenues will result in the growth of mass discontent and opposition must maintain the trust that at the crucial moment to lead the protest movement and prevent chaos.
The Executive Secretary of REAL Natig Jafarli also drew attention to the economic aspects. According to him, the authorities carried out the parliamentary elections in 2015 at a GDP growth of 19%, the presidential elections in 2008 with growth of 31.8%, the parliamentary elections in 2010 with 12%, and the presidential elections in 2013 with 9%.
However, current parliamentary elections are held at a time when GDP has fallen by 16%.
The democratic forces may use the campaign to explain to the people the real view of the country.
Following the discussion, the study will be completed and submitted to the relevant authorities, the public and international organizations.