Observation of the Early Parliamentary Elections in Azerbaijan (9 February 2020)
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http://assembly.coe.int Doc. 15090 27 February 2020 Observation of the early parliamentary elections in Azerbaijan (9 February 2020) Election observation report Rapporteur: Mr Frank SCHWABE, Germany, Socialists, Democrats and Greens Group Contents Page 1. Introduction .............................................................................................................................................. 1 2. Political context ........................................................................................................................................ 2 3. Legal framework and electoral system .....................................................................................................3 4. Election administration ............................................................................................................................. 3 5. Voter lists and candidate registration ....................................................................................................... 4 6. Election campaign, funding and the media ...............................................................................................6 7. Complaints and appeals ...........................................................................................................................8 8. Citizen and international observers .......................................................................................................... 9 9. Election day ..............................................................................................................................................9 10. Conclusions and recommendations ..................................................................................................... 10 Appendix 1 – Composition of the ad hoc committee .................................................................................. 12 Appendix 2 – Programme of the ad hoc committee during the pre-electoral mission .................................14 Appendix 3 – Statement by the pre-electoral delegation ............................................................................16 Appendix 4 – Programme of the joint briefings ...........................................................................................18 Appendix 5 – Press release ....................................................................................................................... 20 1. Introduction 1. On 5 December 2019, following the appeal of the parliament to dissolve it, and with the consent of the Constitutional Court, the President of Azerbaijan dissolved the parliament and set early parliamentary elections to be held on 9 February 2020. 2. On 10 December 2019, Mr Ogtay Asadov, Speaker of the Parliament of Azerbaijan (Milli Mejlis) invited the Parliamentary Assembly to observe the early parliamentary elections. On 13 December, the Bureau decided to observe these elections and constituted an ad hoc committee for this purpose composed of 30 members (EPP/CD: 10; SOC: 9; ALDE: 5; EC/DA: 4; UEL: 2 - in accordance with the D’Hondt system), as well as of the co-rapporteurs of the Monitoring Committee and authorised the conduct of a pre-electoral mission. On 27 January 2020, the Bureau took note of the press release of the pre-electoral mission and approved the list of members of the ad hoc committee to observe these elections. On 31 January the Bureau approved the updated list of members of the ad hoc committee to observe these elections (Appendix 1). F - 67075 Strasbourg Cedex | [email protected] | Tel: +33 3 88 41 2000 | assembly.coe.int Doc. 15090 Election observation report 3. In accordance with the co-operation agreement signed between the Parliamentary Assembly and the European Commission for Democracy through Law (Venice Commission) on 4 October 2004, a representative from the Venice Commission was invited to join the ad hoc committee as an adviser. 4. A pre-electoral delegation visited Baku on 22 and 23 January 2020. Its programme, statement and composition appear in Appendices 2 and 3. 5. The ad hoc committee (Assembly delegation) was in Azerbaijan from 7 to 10 February 2020. It operated as part of an International Election Observation Mission (IEOM) together with a delegation from the Parliamentary Assembly of the Organization for Security and Co-operation in Europe (OSCE-PA) and the electoral observation mission of the OSCE’s Office for Democratic Institutions and Human Rights (OSCE/ ODIHR EOM). The programme of the delegation’s meetings is set out in Appendix 4. 6. On polling day, the Assembly delegation split into 14 teams which observed the elections in Baku and the surrounding area, as well as in Guba, Kachmaz, Sheki, Shamakhy, Sumgayit, Masally, Astara and Lenkeran. 7. The Assembly delegation concluded that despite some appearance of progress in the preparation for the elections, the widespread violations of counting procedures raised serious concerns about the results of the voting in general. It reminded that, in contradiction to the judgements of the European Court of Human Rights and repeated requests from the Council of Europe in the cases of Ilgar Mammadov and others, a number of potential candidates were prevented from running. 8. The press release by the IEOM is set out in Appendix 5. 9. The ad hoc committee wishes to thank the heads and members of the parliamentary delegation of the OSCE-PA and of the OSCE/ODIHR EOM for their excellent co-operation within the IEOM. It also wishes to thank the Council of Europe Office in Baku for the cooperation and support. 2. Political context 10. On 5 December 2019, following the appeal of the parliament, and with the consent of the Constitutional Court, the president dissolved the parliament and set early parliamentary elections to be held on 9 February 2020 (the regular term was 1 November 2020). In its appeal to the president, the parliament justified the call for early elections by the need to harmonise legislative work with the pace of economic, judicial and social reforms set by the president. The elections took place within a political environment dominated by the ruling New Azerbaijan Party (YAP), which holds a majority of 65 seats in the outgoing parliament. Parties that formally constituted the parliamentary opposition but largely supported YAP hold 12 seats, while 38 seats are held by members elected as independent candidates, who typically have also voted in line with the ruling party. 11. All 12 parties represented in the outgoing parliament contested these elections in addition to a further 7 parties. 12. The authorities positioned these elections as a chance for new people to enter the political arena, but some political parties maintained that the mandates would just be reallocated among current ruling elites (almost 70% of outgoing MPs contested the elections). Over the course of the past few years and most recently, several long-standing senior executives within the presidential administration and the cabinet of ministers have been replaced or moved to different positions. 13. The Assembly delegation was informed by different interlocutors that while the authorities stated that there is a political will to organise elections in a free and fair atmosphere, serious concerns have been expressed regarding respect of fundamental rights and freedoms in Azerbaijan. There were reports of systematic harassment and criminal prosecution of some of those who express views that are critical of the government. Some opposition parties, including those gathered around the National Council of Democratic Forces (NCDF), boycotted the elections due to the restrictive environment, in particular related to access to media, and restrictions on freedom of assembly during the campaign. The last authorised political rally was held in Baku in January 2019. On the event of the unauthorised rally of the opposition on 19 October 2019 in Baku, authorities used physical force to disperse it, arresting many activists and opposition leaders. 14. With few exceptions, women are under-represented in public and political life, holding 20 seats in the outgoing parliament (16%), 2 out of 15 posts of a chairperson of State committees, and no ministerial posts. Out of 55 registered political parties none is headed by a woman. Concerns about women’s political participation have been raised by the UN Committee on the Elimination of Discrimination against Women (CEDAW). 2 Doc. 15090 Election observation report 15. The delegation was informed that elections could not be organised in 10 out of 125 constituencies that are not under government control or only partially under government control due to the ongoing conflict with Armenia, which, according to the authorities, has resulted in a high number of internally displaced persons (IDPs). The Central Election Commission (CEC) undertook considerable measures to ensure that IDPs were able to exercise their voting rights. 3. Legal framework and electoral system 16. The ad hoc committee recalls that Azerbaijan signed and ratified the European Convention on Human Rights and its Additional Protocol, which enshrine a number of principles crucial for an effective and meaningful democracy, such as the right to free elections (Article 3 of the Protocol), freedom of expression, freedom of assembly and association, as well as prohibition of discrimination (Articles 10, 11 and 14 of the Convention). 17. Members of parliament are elected by a one-round simple majority system in 125 single-mandate constituencies for a five-year term. Following