[Congressional Record (Bound Edition), Volume 151 (2005), Part 12]
[House]
[Pages 16268-16270]
[From the U.S. Government Publishing Office, www.gpo.gov]




 CALLING FOR FREE AND FAIR PARLIAMENTARY ELECTIONS IN THE REPUBLIC OF 
                               AZERBAIJAN

  Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and agree 
to the resolution (H. Res. 326) calling for free and fair parliamentary 
elections in the Republic of Azerbaijan, as amended.
  The Clerk read as follows:

                              H. Res. 326

       Whereas the Republic of Azerbaijan is scheduled to hold 
     elections for its parliament, the Milli Majlis, in November 
     2005;
       Whereas Azerbaijan has enjoyed a strong relationship with 
     the United States since its independence from the former 
     Soviet Union in 1991;
       Whereas international observers monitoring Azerbaijan's 
     October 2003 presidential election found that the pre-
     election, election day, and post-election environments fell 
     short of international standards;
       Whereas the International Election Observation Mission 
     (IEOM) in Baku, Azerbaijan, deployed by the Organization for 
     Security and Cooperation in Europe (OSCE) and the Council of 
     Europe, found that there were numerous instances of violence 
     by both members of the opposition and government forces;
       Whereas the international election observers also found 
     inequality and irregularities in campaign and election 
     conditions, including intimidation of opposition supporters, 
     restrictions on political rallies by opposition candidates, 
     and voting fraud;
       Whereas Azerbaijan freely accepted a series of commitments 
     on democracy, human rights, and the rule of law when that 
     country joined the Organization for Security and Cooperation 
     in Europe as a participating State in 1992;
       Whereas, following the 2003 presidential election, the 
     Council of Europe adopted Resolution 1358 (2004) demanding 
     that the Government of Azerbaijan immediately implement a 
     series of steps that included the release of political 
     prisoners, investigation of election fraud, and the creation 
     of public service television to allow all political parties 
     to better communicate with the people of Azerbaijan;
       Whereas, since the 2003 presidential election, the 
     Government of Azerbaijan has taken a number of positive steps 
     by releasing some political prisoners and working toward the 
     establishment of public service television;
       Whereas a genuinely free and fair election requires that 
     citizens be guaranteed the right and opportunity to exercise 
     their civil and political rights free from intimidation, 
     undue influence, threats of political retribution, or other 
     forms of coercion by national or local authorities or others;
       Whereas a genuinely free and fair election requires 
     government and public authorities to ensure that candidates 
     and political parties enjoy equal treatment before the law 
     and that government resources are not employed to the 
     advantage of individual candidates or political parties; and
       Whereas the establishment of a transparent, free and fair 
     election process for the 2005 parliamentary elections would 
     be an important step in Azerbaijan's progress toward full 
     integration into the democratic community of nations: Now, 
     therefore, be it
       Resolved,  That the House of Representatives--
       (1) calls upon the Government of the Republic of Azerbaijan 
     to hold orderly, peaceful, and free and fair parliamentary 
     elections in November 2005 in order to ensure the long-term 
     growth and stability of the country;
       (2) calls upon the Government of Azerbaijan to guarantee 
     the full participation of opposition parties in the upcoming 
     elections, including members of opposition parties arrested 
     in the months leading up to the November 2005 parliamentary 
     elections;
       (3) calls upon the opposition parties to fully and 
     peacefully participate in the November 2005 parliamentary 
     elections, and calls upon the Government of Azerbaijan to 
     create the conditions for the participation on equal grounds 
     of all viable candidates;
       (4) believes it is critical that the November 2005 
     parliamentary elections be viewed by the people of Azerbaijan 
     as free and fair, and that all sides refrain from violence 
     during the campaign, on election day, and following the 
     election;
       (5) calls upon the Government of Azerbaijan to guarantee 
     election monitors from the Office for Democratic Institutions 
     and Human Rights of the Organization for Security and 
     Cooperation in Europe (OSCE), Azeri political parties, 
     candidates' representatives, nongovernmental organizations, 
     and other private institutions and organizations, both 
     foreign and domestic, unimpeded access to all aspects of the 
     election process;
       (6) supports recommendations made by the Council of Europe 
     on amendments to the Unified Election Code of Azerbaijan, 
     specifically to ensure equitable representation of opposition 
     and pro-government forces in all election commissions;
       (7) urges the international community and domestic 
     nongovernmental organizations to provide a sufficient number 
     of election observers to ensure credible monitoring and 
     reporting of the November 2005 parliamentary elections;
       (8) recognizes the need for the establishment of an 
     independent media and assurances by the Government of 
     Azerbaijan that freedom of the press will be guaranteed; and
       (9) calls upon the Government of Azerbaijan to guarantee 
     freedom of speech and freedom of assembly.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Florida (Ms. Ros-Lehtinen) and the gentleman from California (Mr. 
Lantos) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Florida (Ms. Ros-Lehtinen).


                             General Leave

  Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on H. Res. 326, as 
amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Florida?
  There was no objection.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, House Resolution 326 is a resolution calling on the 
government of Azerbaijan to ensure that their upcoming parliamentary 
elections in November are peaceful, free and fair.
  In the most recent elections in Azerbaijan, the 2003 presidential 
elections, international election observers concluded that they fell 
well short of international standards. The observers found numerous 
instances of voting fraud, restrictions on political rallies and 
intimidation against political opponents.
  Since that election, Azerbaijan has taken a number of positive steps, 
such as releasing some political prisoners, opening their airwaves to 
opposing viewpoints and allowing greater freedom of speech and 
assembly. However, much more needs to be done before the people of 
Azerbaijan and the international community can have confidence in the 
outcome of the November elections.
  As stated in H. Res. 326, the government needs to take several steps 
to ensure fairness in the election process. First, it must permit the 
full participation of all opposition parties in the upcoming elections.
  Second, and perhaps most importantly, the government of Azerbaijan 
must allow election monitors from the OSCE, Azeri political parties and 
other political organizations unimpeded access to all aspects of the 
election process. The government simply cannot pick and choose which 
organizations will be allowed to verify that the election is free and 
fair.
  Finally, the resolution supports the international efforts to change 
the election code of Azerbaijan to provide all political forces with 
equitable representation in the country's election commissions.
  Azerbaijan and the United States have enjoyed a strong, bilateral 
relationship since Azerbaijan gained its independence from the Soviet 
Union in 1991. We look forward to this friendship growing even closer 
in the coming years. In the long term, however, the strength of the 
relationship between our two nations, as well as the stability of 
government in Azerbaijan, will largely depend on Azerbaijan becoming a 
more free and more democratic nation.

[[Page 16269]]

  I therefore urge the government of Azerbaijan to hold free and fair 
elections, and I urge my colleagues to support this resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of this resolution.
  Mr. Speaker, the Republic of Azerbaijan will hold parliamentary 
elections this coming November. Our legislation calls on Azerbaijan's 
government to hold orderly, peaceful, free and fair elections in the 
interests of ensuring the long-term growth and stability of the 
country. Our resolution calls for full and peaceful participation in 
the process by all opposition parties and urges the ample presence of 
election observers with unfettered access to ensure the credibility of 
the elections.
  Our measure is necessary, Mr. Speaker, after Azerbaijan 
disenfranchised its citizens and made mockery of its promises to the 
international community to hold a free and fair presidential election 
in October 2003. After a campaign troubled by intimidation and 
countless irregularities and violent incidents on election day, 
election observers concluded that the vote in 2003 was one which was 
fraudulent and it resulted in an illegal government.
  Since then, Mr. Speaker, the people of Azerbaijan have faced an 
increasing crackdown on what should be their rights in a civilized 
society. The government has continued to pursue opposition figures, to 
break up peaceful opposition rallies, and has failed to prosecute 
police who have attacked journalists documenting these events.
  Mr. Speaker, we all recognize that Azerbaijan enjoys a good 
relationship with the United States. It is an important producer of oil 
and has a strategic position between Europe and Central Asia that has 
been valuable for our Armed Forces as they have conducted operations in 
Afghanistan. But we must ensure that Azerbaijan and other former Soviet 
States do not use their strategic assets to prevent democratic openings 
such as the ones we have seen in Ukraine, Georgia, and even in 
Kyrgyzstan.
  Mr. Speaker, we all recognize that the countries of the former Soviet 
Union represent a spectrum in the transition from totalitarianism to 
pluralism. No one election is expected to guarantee that a country will 
shed a half a century of oppression, and every society that has faced 
such circumstances must build toward a new social compact that allows 
for freedom and liberty.
  The resolution before us today recognizes that the Azeri government 
has released some political prisoners and recently taken some steps to 
allow for a greater degree of openness in advance of the upcoming 
elections. More still needs to be done to ensure that election laws in 
Azerbaijan are in consonance with international standards.
  The Azeri people will soon have another chance to fulfill their 
aspirations and to move their country towards a full democracy. Our 
resolution expresses the support of the United States for the Azeri 
people, and I urge all of my colleagues to support it.
  Mr. Speaker, I am delighted to yield 3 minutes to my good friend, the 
gentleman from Maryland (Mr. Cardin).
  Mr. CARDIN. Mr. Speaker, let me thank the gentleman from California 
(Mr. Lantos) for yielding me this time and thank the committee for 
bringing out this resolution.
  Mr. Speaker, I am the ranking Democrat on the U.S. Helsinki 
Commission, and I very much appreciate this resolution, because I think 
it carries out the commitment of our Nation to make sure that 
Azerbaijan carries out its commitments it has made as a member state of 
the Organization for Security and Cooperation in Europe.
  Ever since gaining its independence in 1991 from the former Soviet 
Union, Azerbaijan has been a country in which we have a great deal of 
interest in making sure that it develops its institutions for 
democracy. In 1992, it became a participating state in the Organization 
for Security and Cooperation in Europe.
  Now, as Azerbaijan plans parliamentary elections for November, 
Congress must strongly encourage them to fulfill their commitments. The 
elections must be free and fair, opposition parties must be encouraged, 
freedom of speech and press must be protected and democratic ideals 
must be upheld. Azerbaijan's last elections held in 2003 failed to meet 
these international standards.
  Since the 2003 presidential elections, the government of Azerbaijan 
has taken some positive steps by releasing some political prisoners and 
working towards the establishment of public service television. 
However, there remains much concern hindering democracy in Azerbaijan.
  Let me just raise one example, the events of May 21, 2005. Azerbaijan 
officials arrested and incarcerated a group of peaceful protesters in 
the capital city of Baku. I join my colleagues on the Helsinki 
Commission in condemning this horrific event and calling on Baku to 
establish a safe forum for oppositional discourse and to curtail all 
political harassment.
  We must encourage Azerbaijan's government to reform campaign election 
procedures to ensure their integration into the democratic community of 
nations. The Rose Revolution in Georgia, the Orange Revolution in 
Ukraine and the recent Democratic Revolution in Kyrgyzstan are widely 
symbolic of events that accelerate the future democratization of the 
former Soviet Republics.
  Mr. Speaker, this resolution speaks to the priorities of this Nation, 
but also speaks to the priorities of all the nations that have made 
commitments within the Organization for Security and Cooperation in 
Europe. I urge my colleagues to support the resolution.
  Mr. CROWLEY. Mr. Speaker, I rise today in strong support of the 
resolution introduced by my colleague Representative Elton Gallegly 
calling for free and fair elections in Azerbaijan this November.
  Azerbaijan has been an ally of the United States since they gained 
their independence from the Soviet Union in 1991 and has played in 
integral roll, not only with issues involving Central Asian countries, 
but also on the war on terrorism.
  However, Azerbaijan has yet to meet its full potential and its poor 
human rights record constantly overshadows any positive steps that the 
government has taken.
  The 2003 election was won by Ilkham Aliyev by 77 percent, but the 
election results remain contentious. After the 2003 election the 
International Election Observation Mission in Baku, under the auspices 
of the Organization for Security and Cooperation in Europe, OSCE, found 
numerous instances of violence by both members of the opposition and 
the government.
  The election observers also found irregularities in campaign and 
election conditions, including intimidation, restrictions on political 
rallies by opposition candidates, and voting fraud.
  Many people protested the election claiming it had been rigged. As a 
result these protests led to numerous arrests of the ``investigators.'' 
After threats by international organization that Azerbaijan's 
membership in the Council of Europe would be re-evaluated, President 
Aliyev released 114 of the political prisoners.
  I applaud my colleague for introducing H. Res. 326. While calling for 
a free and fair election in November, this bill would also work to 
guarantee opposition party participation, and freedom of speech--
something that this country has lacked for many years.
  I call upon my colleagues to pass this common sense bill and send a 
message to Azerbaijan to hold and free and fair elections, respecting 
the rights of all individuals as some of their neighbors have already 
done.
  Mr. SMITH of New Jersey. Mr. Speaker, I rise in support of H. Con. 
Res. 326, of which I am an original co-sponsor, along with my 
colleagues Mr. Gallegly and Mr. Wexler. I thank them for their 
initiative in crafting this resolution which calls on the Government of 
Azerbaijan to hold free and fair elections this fall.
  Azerbaijan is an important country. It is located in a strategic 
region, is energy-rich and is a moderate Muslim state that enjoys good 
relations with the United States. We have a major stake in Azerbaijan's 
successful democratization and integration into Western institutions.
  Unfortunately, however, OSCE monitors have not been able to certify 
an election held in Azerbaijan in the last 10 years as meeting 
international standards,. During the October 2003 presidential 
election, clashes broke out between government forces and supporters of

[[Page 16270]]

opposition parties who claimed election fraud. Afterwards, the 
authorities launched a countrywide crackdown on the opposition; only 
recently have Azerbaijan authorities begun to allow demonstrations 
again.
  The upcoming parliamentary election--the first under the country's 
new, young leadership--is critical to Azerbaijan's progress towards the 
Western community of nations. It is a key indicator of President Ilham 
Aliev's intentions: does he want to reform the system or to continue 
with same old, tired business as usual?
  The stakes are higher than which parties and candidates get in 
Azerbaijan's parliament. Over the last 18 months, multi-colored'' 
revolutions took place in Georgia, Ukraine and Kyrgyzstan. All were 
sparked by elections perceived by many voters in those countries as 
unfair, a view shared by OSCE observer missions. If Azerbaijan's 
election this November does not make major improvements over October 
2003, there is a real chance of confrontation again, with unpredictable 
consequences.
  I am deeply convinced that the stability we all seek in Azerbaijan is 
only possible through democracy. For that reason, the November election 
must be free and fair. Whoever wins, it is essential that Azerbaijan's 
citizens and the international community see the outcome as legitimate.
  A key ingredient of fair elections is impartial election commissions. 
At this point, there are no such bodies in Azerbaijan. Since 2003, the 
Venice Commission of the Council of Europe, along with the OSCE's 
Office of Democratic Institutions and Human Rights, have consistently 
urged that Azerbaijan's election commissions, which are reliably pro-
government, be reconfigured so as to ``enjoy public confidence.''
  In fact, this issue goes back even farther--the Helsinki Commission, 
which I co-chair, held a hearing in May 2000 on the November 2000 
parliamentary election, at which representatives of Azerbaijan's 
government and opposition testified. At that time as well, the 
composition of election commissions was one of the most heated points 
of contention between government and opposition.
  Unfortunately, these differences have not been bridged. Azerbaijan's 
authorities have rejected the recommendations of the OSCE and the 
Venice Commission. I am extremely disappointed that Azerbaijan's 
parliament passed an election law on June 29 without incorporating key 
suggestions by the Venice Commission on election commissions and 
domestic monitoring.
  With the law as it now stands, and with election commissions 
unchanged, the election will not be able to meet OSCE standards. It is 
already clear that the OSCE and the Council of Europe will not be able 
to give a passing grade to the election. Nor will the law enjoy public 
confidence in Azerbaijan.
  Azerbaijani officials occasionally protest that there is not enough 
time between now and November to change the law. But lack of time is 
not the problem. They have had years to implement these 
recommendations--the problem is that they refuse to do so.
  Nevertheless, I believe there is still time for Baku to do what is 
right. That is why I cosponsored this resolution. I call on my 
colleagues to support H. Con. Res. 326, which will convey to Baku that 
the U.S. Congress is closely watching and will draw the appropriate 
conclusions.
  Mr. LANTOS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I also have no further requests for 
time, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Florida (Ms. Ros-Lehtinen) that the House suspend the 
rules and agree to the resolution, H. Res. 326, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________