CEMED: amendments to law on political parties in Azerbaijan are restrictive

Amendments to the law on parties developed by the Presidential Administration of Azerbaijan simply imitate the state support of political organizations and create obstacles to the political activities in the country. This conclusion was made by experts of the Centre for Election Monitoring and Education for Democracy (CEMED). Leaders of the political parties also criticize the amendments to the law; however, the authorities insist on advantages of amendments.

The 89th plenary session of the Venice Commission of the Council of Europe (VCCE), scheduled for December 16-17, will discuss the amendments to the Law "On political parties", proposed in Azerbaijan.

According to the official website of the VCCE, the delegation of representatives of the Presidential Administration of Azerbaijan will participate in the discussions.

CEMED: essential meaning of amendments to law draft on political parties in Azerbaijan being hided from public and MPs

The Azerbaijani authorities do not want to disclose the essential meaning of the proposed amendments. They motivate their position by the fact that the final amendments will be presented at the VCCE session.

Expecting the discussions on the draft amendments at the VCCE, the Azerbaijani Centre for Election Monitoring and Education for Democracy (CEMED) has presented to the public its expert opinion on the legislative initiative of the authorities.

According to Bashir Suleimanly, Executive Director of the CEMED, the amendments were sent to the VCCE yet in July.

"However, the authorities keep the draft law in secret not only from the civil society, but also from MPs, although the English version of the draft law is available at the website of the VCCE, which also does not want to disclose its expert opinion," Bashir Suleimanly said.

In total, amendments are proposed to 26 articles of the law, adopted in 1992. The amendments toughen up the conditions for registration of parties. At present, no less than 1000 members are needed to register a party, and the new law is to raise the quantitative requirement up to 5000 persons. At the same time, a party should submit to the Ministry of Justice copies of identity documents and applications of each party member within a month, and that is technically impossible, Bashir Suleimanly believes.

"It is not clear what will happen to the existing political parties - whether they will have to re-pass the state registration. The expert treated the ban for unregistered political parties to make statements on their behalf as one more negative aspect," Bashir Suleimanly continued.

"In fact, that amendments will places political parties without state registration, such as, for example, the Islamic Party, which has a lot of supporters, outside the law," Bashir Suleimanly has emphasized.

Experts treat proposed system of state financing of political parties as unfair

The CEMED has also complaints about the proposed mechanism of state financing. At the same time, according to Anar Mamedli, the head of the CEMED, "allocation of funds from the state budget to support the parties is a progressive phenomenon."

"However, the proposed system is unfair," believes the head of the CEMED. "Thus, 10 percent of government subsidies are proposed to be distributed among the political parties, which candidates gained at parliamentary elections more than 3 percent of votes, but failed to enter the Parliament. 40 percent is proposed to be divided among the parties represented in the Parliament. The remaining 50 percent will be divided among parties in proportion to number of their deputies in the Parliament."

Anar Mamedli believes that to treat results of parliamentary elections as the base for allocation of budget funds is unfair, since they "were not free and they do not reflect the actual electoral support of parties."

The CEMED proposes to delete those restrictive provisions from the draft law. Furthermore, it proposes to treat a number of candidates from political parties at parliamentary elections as the base for allocation of funds to political parties. The requirement for the number of votes is proposed to be reduced from 3 percent to a lower rate. It is also proposed to provide access for parties to public television broadcasting, provide them with offices and halls for holding conferences and events, and ban the local authorities to interfere in activities of political parties.

Leaders of political parties criticize proposed amendments

"Cancellation of anonymity of voluntary donations can be a constraining factor in providing financial support for political parties by followers of parties," believes MP Igbal Agazade, the leader of the "Umid" (Hope) Party.

Igbal Agazade also disagrees with the proposed mechanism for state financing of parties. Thus, none of the extra-parliamentary parties gained 3 and more percent of votes at the recent elections and, therefore, it loses state financing.

According to Azer Rashidoglu, the independent expert, the proposed amendments will worsen the conditions for political activities, toughen up the conditions for state registration of parties and limit opportunities for financing through donations.

Gasanov: draft law on political parties takes into account comments of Council of Europe and recommendations of opposition

However, Bakhar Muradova, Deputy Executive Secretary of the ruling New Azerbaijan Party (NAP), Vice Speaker of the Parliament, rejects assumptions about efforts to bring the country to one-party system. According to her, Azerbaijan has the developed multi-party system, and the proposed amendments to the law are aimed at consolidation of political forces and enhancement of their competitiveness.

MP Siyavush Novruzov, another Deputy Executive Secretary of the New Azerbaijan Party (NAP), believes that the law on political parties needs to be improved, since, despite the fact that about 100 parties, including more than 50 parties with state registration, exist in the country, most of the parties do not perform the actual work and manifest themselves only by their statements in the printed media.