Executive Order of President of Republic of Azerbaijan on Improvement of Election Practice in Republic of Azerbaijan
EXECUTIVE ORDER OF PRESIDENT OF REPUBLIC OF AZERBAIJAN
ON IMPROVEMENT OF ELECTION PRACTICE IN REPUBLIC OF AZERBAIJAN
Democratic
elections are ground to progressive development of stable civil society and
every state. Constitution of Republic
of Azerbaijan adopted in
1995 determined major priorities in this field. Governed by them legal base was
created for elections that are held in free and regular manner in way of secret
and personal vote in base of general, equal and direct right of voting.
Beginning from 1997, according to political will of Azerbaijani leadership,
Azerbaijani Government closely cooperates with OSCE Democratic Institutions and
Human Rights Bureau in order to establish election legislation meeting modern
standards. After being member of Council of Europe, frame of this cooperation
of Azerbaijan
was further widened and Venice Commission of Council of Europe was involved in
this process. As a result of effective cooperation Election Code of Republic of
Azerbaijan was adopted in May of 2003 to unify election legislation. This Code
was highly valued by international organizations. It is stated in Final opinion
of Venice Commission and OSCE DIHRB that Election Code considers multilateral
frameworks, which are relevant to international criteria and best practices,
for realization of elections and referendum.
Each of
elections held since 1995 was a step in comparison with previous one taken
towards lifting the elections up to international standards and comparative
analysis of opinions of international organizations on elections proves this.
But unfortunately despite achievement of serious progress in sphere of
elections, there are still a number of mistakes and deficiencies. 10-year
activity of Azerbaijani leadership, its political will directed to realization
of elections meeting modern democratic standards and yearly improvement of
elections practice, which is expression of that will, proves that reasons of
illegalities happening during elections are outside the political will of
Azerbaijani leadership. Their reasons should be searched in some of
unprofessional officials and members of election commissions and in many cases
in their irresponsibility and in general, in "postsoviet mentality".
During
preparation to parliamentary elections that are considered to be held in
November of 2005 and during realization of those elections, in order to prevent
possible illegalities and forgeries in this field, to ensure realization of
elections to Milli Mejlis in accordance with provisions of Election Code of
Republic of Azerbaijan, implementation of duties of executive power bodies in
necessary manner, I resolve:
1. Central
Election Commission shall be suggested to prepare respective programs in order
to ensure passing of election officials, as well election officials that will
work outside the capital, the training courses and to carry out multilateral
cooperation in this sphere with political forces and international
organizations.
2. It shall be
determined that if heads of central and local executive power bodies, other
state officials illegally interfere in election process, they will be made
answer according to legislation of Republic
of Azerbaijan.
3. Central and
local executive power bodies shall be assigned not to admit, according to
Election Code of Republic of Azerbaijan, oppression of citizens for their
political affiliation after elections within their authorities and in case of
disclosure of such kind of facts to take necessary measures, according to
legislation of Republic of Azerbaijan, in order to make persons, having
committed such actions, answer according to legislation of Republic of
Azerbaijan. It shall be explained that cases of making the citizens of Republic of Azerbaijan
answer for violation of requirements of Azerbaijan Republic's
Criminal Code, Code of Administrative Offences and other laws cannot be
evaluated as pressure for political affiliation.
4. Azerbaijan
TV and Radio Broadcasts Closed Joint Stock Company shall be assigned, Public TV
and Radio Broadcast Company, private TV and radio broadcasts companies shall be
recommended to prepare programs ensuring propaganda of candidates for election
in equal bases and organize respective forums for discussion of political
platforms.
5. Central and
local executive power bodies shall be assigned to create, within their
authorities, necessary circumstance, according to Election Code of Republic of
Azerbaijan, for realization of process of exit poll that will be carried out by
public experts, not to interfere in an illegal manner in course of that process.
6. Central and
local executive power bodies shall be assigned to ensure, within their
authorities and according to Election Code of Republic of Azerbaijan, use of
mass media by all the candidates for election in equal manner and creation of
equal popularization possibilities for them.
7. Central and
local executive power bodies shall be assigned to take, within their
authorities and according to Election Code of Republic of Azerbaijan, necessary
measures on implementation of results of parallel vote in fair and transparent
form and render necessary aid to respective election officials.
8. On the eve
of elections of deputies of Milli Mejlis of Republic
of Azerbaijan central and local
executive power bodies shall take necessary measures according to legislation
of Azerbaijan Republic
in order to ensure freedom of assembly of citizens of Azerbaijan Republic,
public stability during election campaign and after elections.
9. Central
Election Commission and lower election commissions of Azerbaijan Republic
shall be recommended to ensure delivery of card to every elector, take
necessary measures according to Election Code of Azerbaijan Republic for exact
and correct compilation of lists of electors.
10. Local
executive power bodies shall be assigned to take, within their authorities and
according to Election Code of Azerbaijan Republic, necessary measures for
compilation of exact elector lists and open show of those lists at polling
stations at least 65 days before elections.
11. Executive
Apparatus of President of Azerbaijan
Republic shall be assigned to assist to implementation of respective actions of
power, central and oppositional political groups on elections and realization
of meeting of contact group, created to deal with use of technical aid of
international donors directed to improvement of professionalism, organizational
works.
Ilham Aliyev
President
of Republic of Azerbaijan
Baku
city, 11 May, 2005.