Joint Final Assessment of the Election Code of the Republic of Azerbaijan
After a prolonged genesis, the Electoral Code of the Republic of Azerbaijan (below “the code”) was adopted by the national parliament (Milli Majlis) on 27 May 2003. The Code governs the conduct of referendums and parliamentary, presidential and municipal elections in one very substantial and comprehensive document. Over the last year, the Venice Commission and the OSCE-ODIHR (below “the two organisations”) engaged in an intensive dialogue with the drafters of the code in order to improve the successive drafts. Both organisations have produced a series of preliminary assessments suggesting a large number of recommendations.
Joint Revised Preliminary Assessment of the Revised Draft Election Code of 28 November 2002 in Azerbaijan
At its 45th Plenary meeting (Venice, 15-16 December 2000), the Venice Commission approved the programme of co-operation with Azerbaijan which had been proposed by Messrs Khanlar Hajiyev, President of the Constitutional Court, Mr Ramiz
Mehdiyev, Head of the Presidential Administration and Mr Safa Mirzoyev, Head of the Administration of Parliament (CDL (2001) 5). The main lines of the programme followed the mandate given to the Venice
Commission by the Committee of Ministers (CM (2000) 170). In conformity with its mandate, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) has been engaged in Azerbaijan since 1998 through the
implementation of technical assistance projects mainly aiming at improving the election legislation in co-operation with the authorities and civil society of Azerbaijan.
Review of the Law on Parliamentary Elections in the Republic of Azerbaijan
Since 1998, the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) has been assisting the authorities of Azerbaijan to develop election legislation in line with OSCE commitments. In particular, in the course of 2000 the ODIHR provided assistance for the drafting of the Law on the Central Election Commission and the Law on Parliamentary Elections (the Law). On 30 May 2000, the ODIHR submitted to the authorities and representatives of political parties
Preliminary Comments on the Law on Parliamentary Elections of the Republic of Azerbaijan (the Preliminary Comments), based on a draft Law provided by the authorities of Azerbaijan. Further discussions were subsequently held between the ODIHR experts and relevant authorities to clarify a number of the provisions contained in the draft Law. The following are Final Comments based on an unofficial translation of the Law, provided by the International Foundation for Election System. This document supplements the Preliminary Comments and is intended to be read in conjunction with that report. It provides comments on the final text as enacted on 5 July 2000 and amended on 21 July. The analysis emphasises some of
the major areas of concern with the law and contains a number of recommendations for amendments and clarifications to improve the election legislation, in line with international standards and, in particular, the OSCE commitments formulated in the 1990 Copenhagen Document on the Human Dimension.