[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 382 Introduced in House (IH)]







106th CONGRESS
  2d Session
H. CON. RES. 382

     Calling on the Government of Azerbaijan to hold free and fair 
               parliamentary elections in November 2000.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2000

  Mr. Smith of New Jersey (for himself, Mr. Hoyer, Mr. Pitts, and Mr. 
   Cardin) submitted the following concurrent resolution; which was 
          referred to the Committee on International Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
     Calling on the Government of Azerbaijan to hold free and fair 
               parliamentary elections in November 2000.

Whereas Azerbaijan has been a participating state of the Organization for 
        Security and Cooperation in Europe (OSCE) since 1992 and has freely 
        accepted all OSCE commitments, including those concerning democracy, 
        human rights, and the rule of law;
Whereas Azerbaijan, as an OSCE participating state, has committed itself to 
        build, consolidate, and strengthen democracy as the only system of 
        government, and is obligated to hold free elections at reasonable 
        intervals, to respect the right of citizens to seek political or public 
        office without discrimination, to respect the right of individuals and 
        groups to establish in full freedom their own political parties, and to 
        allow parties and individuals wishing to participate in the electoral 
        process access to the media on a nondiscriminatory basis;
Whereas the development of democracy in Azerbaijan will promote stability in 
        that country and throughout the Caucasus, foster the resolution of 
        regional disputes, especially the Nagorno-Karabakh conflict, and can 
        positively influence the development of democracy in other regions, 
        especially Central Asia;
Whereas Azerbaijan's parliamentary elections in 1995, presidential elections in 
        1998, and municipal elections in 1999 have failed to meet international 
        standards, according to the OSCE's Office for Democratic Institutions 
        and Human Rights (ODIHR) and other international election observers;
Whereas these flawed elections have aggravated an unfortunate legacy of deep 
        distrust between the government and the opposition, undermining 
        prospects for societal cohesion, the establishment of democratic 
        institutions and peaceful, predictable transfers of power;
Whereas in August 1997, Azerbaijan President Heydar Aliev met with President 
        Clinton at the White House and pledged to hold free and fair elections;
Whereas irregularities leading up to the presidential election the following 
        year caused several opposition political parties to boycott that 
        election;
Whereas the parliamentary election due to be held in November 2000 offers an 
        opportunity to demonstrate the Azerbaijani Government's commitment to 
        democracy and overcome tension between the government and the opposition 
        and within Azerbaijani society;
Whereas Azerbaijan's Government has been negotiating with the ODIHR on the 
        passage of laws governing the conduct of elections and the ODIHR has, in 
        consultation with the authorities and the opposition, made specific 
        recommendations and proposals to craft legislation that, if implemented 
        in good conscience, would produce an election seen as free and fair and 
        a true expression of the will of the people of Azerbaijan;
Whereas the ODIHR considers the law on the Central Election Commission, passed 
        on June 9, 2000, to take into account the interests of both the 
        government and the opposition;
Whereas on June 28, 2000, the Council of Europe approved Azerbaijan's 
        application for membership, calling on the government to hold free and 
        fair elections and release all political prisoners;
Whereas by joining the Council of Europe, Azerbaijan's Government has committed 
        itself to observe the Council's norms and standards for democratic 
        behavior, including the conduct of free and fair elections;
Whereas Azerbaijan's parliament nonetheless passed an election law on July 5, 
        2000, that did not include recommended amendments by the ODIHR that 
        would bring the legislation into accord with OSCE standards;
Whereas the ODIHR issued a press release on July 7, 2000, ``deploring'' 
        shortcomings in the election law and voicing the hope that it would yet 
        be amended in line with that Office's recommendations;
Whereas these shortcomings involve, among other things, the exclusion of an 
        opposition party which was registered in February 2000, the formation of 
        territorial and local election commissions effectively under government 
        control, the restriction of voters' rights to sign petitions nominating 
        more than one candidate or party, and the rights of domestic observers 
        to monitor the election;
Whereas OSCE Chairman-in-Office, Austrian Foreign Minister Benita Ferrero-
        Waldner, on July 18, 2000, while visiting Baku, voiced concern about 
        ``very serious shortcomings in the Law On Parliamentary Elections and 
        urged Azerbaijan's leadership to take into account recommendations from 
        the ODIHR'';
Whereas President Heydar Aliev responded that parliament had not accepted his 
        proposed amendments to the law but work toward that end is still 
        proceeding, and promised the election would be fair and democratic;
Whereas opposition parties refuse to let their representatives participate in 
        meetings of the Central Election Commission until the election law is 
        amended;
Whereas the Speaker of Azerbaijan's parliament on July 19, 2000, convened a 
        meeting of the Central Election Commission without opposition members, 
        substituting for them members of the former Central Election Commission, 
        and approved a list of 100 single-mandate districts for the election;
Whereas the Speaker threatened, unless the opposition agrees to participate in 
        the work of the Central Election Commission, to amend the law so that 
        the Commission's decisions be taken by a majority, rather than a two-
        thirds vote;
Whereas on July 20, 2000, 12 political parties, including the leading opposition 
        parties, adopted a joint statement condemning the threat to amend the 
        law on the Central Electoral Commission and countering that if that law 
        is amended and if parliament refuses to amend the election law, they 
        will boycott the November ballot;
Whereas yet another opposition boycott of an election will undermine the 
        Azerbaijani Government's legitimacy;
Whereas an election in Azerbaijan that does not have the confidence of all the 
        country's political forces will not produce credible results, contribute 
        to the consolidation of stability, or promote the development of 
        democratic institutions in the country;
Whereas on July 21, 2000, Azerbaijan's parliament amended the law on the Central 
        Election Commission so as to make decisions by majority vote, thus 
        depriving the opposition of its ability to block decisions; and
Whereas on July 24, 2000, the Department of State issued a statement regretting 
        the recent actions of Azerbaijan's parliament and urging the government 
        and parliament to bring the election law into conformity with 
        international standards: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the Congress--
            (1) urges the United States Government to remind President 
        Aliev of the commitments he made to President Clinton regarding 
        free and fair elections and to work with President Aliev toward 
        that end;
            (2) emphasizes the importance of free and fair 
        parliamentary elections as a critical component in the 
        consolidation of democracy in Azerbaijan;
            (3) urges the Government and Parliament of Azerbaijan to 
        come into compliance with its Organization for Security and 
        Cooperation in Europe (OSCE) commitments on democratization and 
        the holding of free and fair elections by accepting the 
        recommendations and proposed amendments to the law on elections 
        by the OSCE's Office for Democratic Institutions and Human 
        Rights (ODIHR); and
            (4) calls on the Government and Parliament of Azerbaijan to 
        work with opposition parties and with nongovernmental 
        organizations to create a pre-election environment that assures 
        equality of conditions, as well as freedom of assembly and 
        expression for all political parties and candidates wishing to 
        participate in the upcoming parliamentary elections.
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