Agaev: referendum planned in Azerbaijan is against the European Charter

The concern of the leaders of the Congress of Local and Regional Authorities of the Council of Europe (CLRACE) of the amendments, offered to the Constitution of Azerbaijan, which have to do with local self-government, is quite reasonable. This opinion was expressed by Rovshan Agaev, expert in the area of local self-government and deputy head of the Centre to Promote Economic Initiatives, in his conversation with the "Caucasian Knot" correspondent.

"While local and international experts had expected the expansion of the powers of municipalities and awarding them with the attributes of local power, they offer amendments to the Constitution aimed to strengthen the control of the state," said Mr Agaev.

According to his story, under Article 4 of the European Charter of Local Self-Government, "enforcement of state powers, as a rule, should be basically assigned to the authorities, who are closest to citizens."

"Municipalities are such authorities. However, here in Azerbaijan, municipalities are a sort of NGOs and have no powers of local authorities," the expert has noted.

Now, he continued, they offer amendments to the Constitution that municipalities should be accountable not only to the Ministry of Justice, but also to the Parliament. "It contradicts to the spirit of the European Charter of Local Self-Government," said Rovshan Agaev.

At the same time, he has regretfully ascertained that the CLRACE cannot demand from governments to report for non-fulfilment of the whole package of recommendations adopted back in May 2003.

In particular, the CLRACE had then recommended to make a special clarification in the law on the status of municipalities that "municipalities are parts of the public power of the Republic of Azerbaijan" and to exclude from the legislation the expression "nongovernmental system" as a definition of local self-government. The document also indicates the weak financial basis of municipalities, which persists till now.