The change to the election code came under pressure from the Council of Europe and the OSCE, which advised the Azerbaijani authorities to revise the document in order to improve the conditions for the upcoming parliamentary elections, scheduled for November 6. Specifically, the domestic opposition and the international community has lobbied for changes to the provision that described the formation of the Central Election Commission and the local election commissions. Opposition parties claimed that the current election commissions were under the monopoly of the authorities with 2/3 of votes also going in favor of the ruling regime. Thus, they suggested that the election commissions be formed on equal parity between the ruling and opposition parties.

Moreover, the international community also advocated for changing the provision in the code that banned the participation of local NGOs in the election observation process. Currently, the law prohibited all local civic groups that received more than 30% of their funding from foreign sources to do so.

Despite the calls for free and fair elections from the Council of Europe, the OSCE and American and European governments, the Azerbaijani authorities have decided to keep these two issues unchanged. Some of the changes made to the election code carried a technical nature. For instance, under the new rules, the voter lists, known for their massive shortcomings in the previous elections, will now be posted online for voters to be able to view and verify the data. Observers were also given additional rights, such as accompanying the final local election result protocols to the district election commissions. Finally, one of the most important changes were made for the prevention of multiple voting. From now on, each voter will receive a personal, named invitation card, which would be stamped upon his/her voting at the polling station.

The representatives of the Council of Europe and its so called Venice Commission, charged with legislative reforms in the member countries, have worked hard with the Azerbaijani authorities weeks before the discussion of the code was brought to the Parliament. Yet behind the scene negotiations produced no agreement on the composition of the election commissions. Speaking last month, Ramiz Mehtiyev, Head of the President’s Administration and a powerful figure in domestic politics, said that there was no need for changing the election commissions. As for the NGOs’ right to observe the elections, the Azerbaijani authorities held that foreign-funded NGOs should not be able to interfere with domestic politics.

The changed election code, which leaves practically all controversial and hotly debated issues untouched, symbolizes the victory of conservative forces within the ruling regime, which would like to maintain their grip on power even at the expense of democratic elections, so much demanded by the international community and the domestic opposition. It also sets a bad tone for the upcoming elections. Although President Ilham Aliyev issued a separate decree on the improvement of the electoral process in the country and pledging to provide equal conditions for all candidates, the situation around the local authorities continue to create obstacles for the opposition parties, especially on the issue of freedom of assembly and campaigning.

Unlike previous municipal elections, opposition parties have decided not to boycott the parliamentary elections despite being disadvantageously represented in the election commissions. On July 10, major opposition parties, united in the Azadliq (Freedom) election block, organized their third rally in a row to demand free and fair elections. Chances are nevertheless slim for last-minute amendments to the election code, leaving the international community feeling disappointed with a lost opportunity for change for the better.