EXECUTIVE ORDER OF PRESIDENT OF REPUBLIC OF AZERBAIJAN
ON IMPROVEMENT OF ELECTION PRACTICE IN REPUBLIC OF AZERBAIJAN
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
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.
President of Republic of Azerbaijan
Baku city, 11 May, 2005.