Centre for Election Monitoring and Democracy Training concerned of amendments to Constitution of Azerbaijan

The Centre for Election Monitoring and Democracy Training (CEM&DT) has promulgated its expert's judgement on the draft Referendum Act "On Amendments and Additions in the Constitution of Azerbaijan", designed on initiative of the ruling Party "Eni Azerbaijan" (PEA).

The document, now at the disposal of the "Caucasian Knot" correspondent, runs that the CEM&DT ascertains with regret that "in spite of the fact that the proposed amendments in the Constitution assume serious changes in the political and legal system of the country, no prior public political debates have been held on the issue."

The CEM&DT asserts that "there is no clearly justified need of amendments." Many questions, now brought to the referendum, have already been stipulated by Azerbaijani legislation.

The CEM&DT expresses its concern of the proposed cancellation of the provision that forbids one and the same person to be elected as President for more than 2 terms in a row. Removal of this provision will result in narrowing the choice and promoting political hegemonism, concludes the Centre.

The CEM&DT further reminds that in democratic countries of the world, EU member-states including, the limitation on election of one and the same person as president for no more than 2 terms is a cornerstone principle of a republican state system.

In conclusion, the CEM&DT expresses its concern of the addition offered to Article 32.3 that no video or photo shooting, as well as no audio recording can be made without a permit of the respective person. The regulation of this sort of issues is already present in other legislative acts. Introduction of a new general provision into the Constitution will create room for broad interpretation thereof. It can lead to additional subjective abuses at consideration of this sort of issues by the courts.

Besides, the inclusion of this provision into the Constitution can create obstacles to professional work of mass media and damage the freedom of speech and press. The Centre remarks that the offered amendment breaks Article 50 ("Freedom of Information") of the Constitution in force and Article 10 ("Freedom of Expression") of the European Convention on Human Rights.

The CEM&DT experts find disputable the proposed innovations to postpone presidential and parliamentary elections when the country is "at warfare in war conditions". Since the Constitution fails to disclose the notion of "the war conditions", the application of this provision can result in extension of the powers of the incumbent President and parliament for indefinite period.

The Centre for Election Monitoring and Democracy Training also sees creepholes for abuse in the proposed innovations on holding closed sittings of the parliament on demand of 83 deputies (2/3 of the house) or under President's proposal. It can lead to reduced transparency of the work of the parliament.

At the same time, the CEM&DT welcomes the progressive provision to be put in the Constitution on the right of citizens to move a legislative initiative, provided they manage to collect 40,000 signatures.