Wednesday, 04 June 2003

NEW ELECTION CODE PASSED IN AZERBAIJAN

Published in Field Reports

By Gulnara Ismailova (6/4/2003 issue of the CACI Analyst)

The law also stipulates the principles of forming election commissions within the transition period. The document is an altered version of the one proposed by the Venice Commission of the Council of Europe. In the modified version, the representation of the opposition in the election commissions was reduced.
The law also stipulates the principles of forming election commissions within the transition period. The document is an altered version of the one proposed by the Venice Commission of the Council of Europe. In the modified version, the representation of the opposition in the election commissions was reduced.

The main contentious issues in the discussions on the Code were the composition of the election commissions and salaries of their members. Until 2005, the Central Election Commission (CEC) will consist of 15 members. 6 members will be MPs from the governing Yeni Azerbaijan Party (YAP), 3 MPs representing the parliamentarian minority (Azerbaijan Popular Front Party, Party of Civil Solidarity and Communist Party). Three seats are given to MPs elected by one-mandated territories (independents, and members of smaller parties elected in single-member constituencies). The last three seats are given to the opposition parties \"Musavat\", AMIP, Democratic Party of Azerbaijan, and the Liberal party, i.e. those who more than 1 % of votes in the parliamentary elections in 2000, but not represented in parliament.

District election commissions will comprise 9 members. The governing party gets three seats, the opposition represented in parliament two, independent MPs and government-oriented parties two, and another two seats to opposition parties not represented in parliament. Local election commissions will consist of 6 members. The governing party gets three seats, while opposition represented in parliament, independent MPs and government-oriented parties, and opposition parties not represented in parliament receive one seat each.

During the adoption of the EC, opposition MPs did not participate in the session of the Milli Mejlis. The Parliamentary opposition left parliament as a protest to what they termed insulting attacks against them from MPs of the parliamentary majority. Previously, opposition parties have criticized this model of forming election commissions, since authorities will practically have a qualified majority (2/3 of votes) in the election commissions. Another central issue is the salary for members of election commissions. The variant submitted to MPs suggested giving salary to members of election commissions during the entire period. But the government-oriented majority spoke against this initiative, due to the lack of budgetary resources.

The opposition came out resolutely to keep the salary issue. But the head of state supported the view of the majority, and now only the chairman and secretary of the election commissions will be receiving salary during the whole period of 5 years. Other members of election commissions will get salary only during the election period (3 months).

Despite the fact that Milli Mejlis has approved this draft law, the president of the country may reject it. Some observers think that the president will return the document to the parliament. It would happen, if the president has objections. In this case, by signing out this act during the set period of time, he can return it to Milli Mejlis with his amendments.

The opposition relies on strong reactions by international organizations. But it is better for the opposition to rely on themselves, according to political scientist Rasim Musabekov. According to him, \"everything will depend on meeting planned for June 3\". He predicted that the president will approve the EC. He thinks that authorities can review this act under pressure for a series of reasons. If the meeting on June 3 turns out well and the opposition will be able to mobilize the electorate for protest on this day, and a tough reaction of the Council of Europe, OSCE and the U.S. materializes, the presidential administration would have to review the EC.

\"The fact that this act was adopted without the opposition MPs from the Democratic Bloc- is a violation\", according to Ali Kerimli, chairman of the Azerbaijan Popular front party (reformers). The leader of Democratic block reminded that the authorities have accepted an obligation to adopt the law on elections based on consensus with the opposition. The adopted document contradicts the obligations of Azerbaijan before the Council of Europe. In June, during the summer session of PACE, the authorities will be criticized. Moreover, if this act comes into force, the situation in the country will deteriorate. The authorities have changed the sense of the proposals of the Venice commission\".

Apart from the opposition MPs, the reaction of the head of the Baku office of the OSCE, ambassador Peter Burkhard was more optimistic. I observed the process and I think the EC draft now contains most recommendations. I am glad that this document was finally adopted. Now I can\'t give a final appraisal to this law - that is the prerogative of international experts. The official appraisal will appear after the president will sign the document\".

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