[Congressional Record Volume 146, Number 100 (Thursday, July 27, 2000)]
[Extensions of Remarks]
[Pages E1342-E1343]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  AZERBAIJAN'S PARLIAMENTARY ELECTIONS

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                        Wednesday, July 26, 2000

  Mr. SMITH of New Jersey. Mr. Speaker, today I introduce a resolution 
calling on the Government of Azerbaijan to hold free and fair 
parliamentary elections this November. After a

[[Page E1343]]

series of elections marred by irregularities, the upcoming election 
will help define the country's political orientation and its 
international reputation. Is Azerbaijan developing towards Western-
style electoral democracy or mired in the Soviet pattern of controlled 
voting results? The answer to that question is important for the United 
States, which has significant strategic and economic interests in 
Azerbaijan.
  At age 77, Azerbaijani President Heydar Aliev is the most experienced 
politician in the former Soviet space. Since returning to power in 
1993, he has created a semi-authoritarian political system that 
features highly centralized, hands-on presidential rule, with constant 
positive coverage in the state-run media. President Aliev controls all 
branches of government and the state's instruments of coercion. His 
implicit bargain with Azerbaijan's citizens offers stability in return 
for unquestioned predominance. While Azerbaijan's constitution 
enshrines separation of powers, neither the legislature, judiciary, 
press nor opposition parties may challenge President Aliev's hold on 
power. Indeed, in an interview published in last Sunday's New York 
Times, he openly said, ``I will always be president here.''
  Opposition parties function, publish newspapers and have some 
representation in parliament. But they have no access to state media, 
which portray them negatively, and their opportunities to influence the 
political process--let alone actual decision-making--are carefully 
restricted.
  With respect to elections, Azerbaijan's record has been poor. The 
OSCE's Office for Democratic Institutions and Human Rights (ODIHR) 
monitored the 1995 and 1998 parliamentary and presidential elections, 
and concluded that they did not meet OSCE standards. Council of Europe 
observers harshly criticized the first round of the local elections in 
December 1999, though they noted some improvements in the second round. 
These flawed elections have exacerbated the deep distrust between the 
government and opposition parties.
  On May 25, the Helsinki Commission, which I chair, held hearings on 
the upcoming election, in which Azerbaijani Government representatives 
and opposition leaders participated. At that time, the main bone of 
contention between them was the composition of the Central Election 
Commission. During the hearing, a government spokesman announced that 
Baku was prepared to let government and opposition members veto the 
other side's nominees for the Commission posts set aside for 
independents, a major step forward. In fact, that assurance 
subsequently turned out to be not entirely reliable when the hard 
bargaining began in Baku, with the mediation of the ODIHR. 
Nevertheless, the agreement eventually reached did give opposition 
parties an opportunity to block decisions taken by the pro-presidential 
majority and was acclaimed by ODIHR as a fair and necessary compromise.
  Since then, unfortunately, the process has collapsed. Azerbaijan's 
parliament passed an election law on July 5 that did not include 
amendments recommended by the ODIHR to bring the legislation into 
accord with OSCE standards. The law excludes an opposition party 
registered in February 2000 from fielding a party list; other 
problematic aspects include territorial and local election commissions 
which are effectively under government control, the restriction of 
voters' rights to sign petitions nominating more than one candidate or 
party, and the right of domestic observers to monitor the election.
  President Aliev claims that he proposed modifications to the election 
law but parliament refused to accept them. This assertion, considering 
his hold on the legislature--where a loyal, pro-presidential party 
controls over 80 percent of the seats--is simply not plausible. In any 
case, if he did not approve of the law, he could have vetoed it. 
Instead, he signed it.
  On July 7, the ODIHR issued a press release ``deploring'' 
shortcomings in the election law. Opposition parties refused to 
participate in the work of the Central Election Commission unless the 
law is changed. In response, parliament amended the Central Election 
Commission law, depriving the opposition of the ability to block 
decisions. On July 20, 12 political parties, among them the leading 
opposition parties, warned that if parliament refuses to amend the 
election law, they will boycott the November ballot. Most recently, the 
State Department issued a statement on July 24, regretting the recent 
actions of Azerbaijan's parliament and urging the government and 
parliament in Baku to work with ODIHR, the opposition and non-
governmental organizations to amend the election law in accordance with 
OSCE standards.
  Mr. Speaker, this turn of events is extremely disappointing. The last 
thing Azerbaijan needs is another election boycott by opposition 
parties. The consequences would include a parliament of dubious 
legitimacy, deepened distrust and societal polarization, and a movement 
away from electoral politics to street politics, which could threaten 
the country's stability. November's election offers a historic 
opportunity to consolidate Azerbaijani society. It is essential for the 
future development of Azerbaijan's democracy and for the legitimacy of 
its leadership that the election be free and fair and the results be 
accepted by society as a whole.
  This resolution calls on the Administration to remind President Aliev 
of the pledge he made in August 1997 to hold free and fair elections, 
and urges Azerbaijan's Government and parliament to accept ODIHR's 
recommendations on the election law, so that it will meet international 
standards. I hope my colleagues will join me, Mr. Hoyer, Mr. Pitts and 
Mr. Cardin in this effort, and we welcome their support.

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