Showing posts with label constitution. Show all posts
Showing posts with label constitution. Show all posts

Wednesday, January 25

Short update on Azerbaijan (written for a separate publication, reposting here)

On September 26, 2016 Azerbaijan confirmed the adoption of 29 constitutional amendments, strengthening the power vested in the hands of the ruling regime. Similar to previous elections, September Referendum took place not without election fraud and violations. Videos, interviews, and independent reporting documenting these violations was swept under the carpet as per business as usual. As a result next presidential elections in Azerbaijan will take place in 2020 rather than in 2018 as the presidential term limit were extended from 5 to 7 years. Among other changes are right granted to the incumbent president to call for early elections; dissolve the parliament; and appoint a first vice president who would replace the current president as his constitutional successor. In addition, minimum age for running in parliamentary and presidential elections was reduced to 18 years of age and so on. In a statement issued by the Venice Commission "proposed amendments would severely upset the balance of power by giving unprecedented powers to the president". 

Ali Hasanov, presidential aide described the changes as necessary in order for the government to work more efficiently. For those familiar with this small nation on the shores of the Caspian and rich in energy resources, official Baku already had all the powers it needed to run a country already constrained by corruption, appalling press freedom and human rights record. On January 24, court sentenced independent journalist Rovshan Mammadov to 30 days of administrative detention. Earlier, court sentenced member of youth organization N!DA to a similar charge while fining popular citizen journalist and blogger Mehman Huseynov for allegedly resisting police. Court in Baku in addition sentenced to other members of N!DA movement to ten years in jail on bogus drug possession charges while many critics of the regime saw this sentence as a grave punishment for the two men drawing graffiti on the statue of the late presindent on Flower day, which is know to celebrate late President, Heydar Aliyev's birthday. In addition to the case of Rovshan Mammadov and Mehman Huseynov, at least five other journalists have been arrested or detained by the authorities in recent months including Afgan Sadygov; Zamin Haji, Ikram Rahimov, Fikret Faramazoglu, and Teymur Kerimov according to monitoring by press freedom watchdog Committee to Protect Journalists. 

In the meantime the country witnessed second devaluation and price hikes, which according to the country's independent economists are direct result of mismanagement of the country's economy including wrong economic policies of diversification, presence of monopolies, and rampant corruption. Just weeks ahead of the September Referendum, Bloomberg reported about a halt in foreign currency sales as local currency manat continued to depreciate while demand by businesses and households soared. 

Overall, given the circumstances, there is little space for positive projection for 2017 as restrained conditions remain across the country and regime in Baku continues to push for its personal gains over country wide and much needed and long time overdue reforms.

Tuesday, November 8

Azerbaijan developments after September Referendum

Although one can hardly call these developments.

I pick up on an entry I wrote about arrests ahead of September Referendum.

So it happened and the authorities got what they wanted. All proposed 29 amendments "received" overwhelming approval from the general public.

In the meantime, arrests and detentions continue in post-referendum Azerbaijan.

Below is the list recent arrests, detentions and sentences:

October 11, member of Popular Front Party Khatai Nabiyev, was detained in Sumgayit and sentenced to 30 days in administrative detention.

October 14, head of Nefchala branch of Popular Front Party Aflatun Ahmadzade was briefly detained and then released.

October 25, youth activist Giyas Ibrahimov sentenced to 10 years on bogus drug possession charges.

Also on October 25th, court extended pretrial detention period of journalist Fikrat Faramazoglu by another three months. More on his case here.

November 3, member of Popular Front Party Samir Mammadov was detained and sentenced to one month in administrative detention for reasons unknown.

November 5, two youth activists Tapdiq Mammadov and Elmir Tahmin are detained and sentenced to 30 day administrative detention for writing graffiti in the city of Ganja.

November 7, Popular Front Party member Vusal Zeynalov was detained in Agstava and sentenced to 20 days in administrative detention for allegedly resisting police.

Wednesday, July 20

What you need to know about proposal for yet another referendum in Azerbaijan?

This would be a third time our country will have a constitutional referendum.

The first one was introduced by Heydar Aliyev. A year before his death, on August 24, 2002 Aliyev introduced a number of critical constitutional amendments giving the Prime Minister the power to act as an interim President- the power which previously rested with the speaker of the parliament- until the new round of elections. It was not the only critical amendment. “The most important changes over which the referendum is believed to have been organized were the cancellation of the proportional electoral system, which implied that deputies are to be selected only on the basis of single-member constituencies; the number of votes required for the election of President was reduced to simple majority where before two thirds of votes were required; and transfer authority to ban political parties from the Constitutional Court to public courts”. 

The day of the referendum was marred by violations, fraud, and yet, passed with 97percent vote.

In 2009, Ilham Aliyev, the son of Heydar Aliyev had his own referendum on March 18, which allowed him to cross off the presidential term limit among other critical amendments. Needless to say fraud and violations were abound. You know what they say, "like father like son". 

And just when we thought it cannot get any worse, Ilham Aliyev (who has been in power since 2003) decides to introduce a whole new series of amendments in another referendum. 

So what does he propose this time? In total there are 29 proposed amendments: 
- broadly speaking to reorganize the legislative as well as executive branches; 
- Aliyev suggests to extend his presidential term by another 2 years, making it 7 years in total; and have the right to announce elections at any time;
- Prime Minister would be replaced by first vice president and vice presidents; 
- Vice presidents will have immunity throughout their service. Unless vice presidents are caught "in action" committing a crime, he/she (most likely he) will be totally untouchable;
- President would have the right to introduce "extraordinary election" for president;
- Minimum of 35 age limit for presidential candidacy will be removed;
- The age limit for parliament member candidates would be reduced to 18;
- In case of human rights and freedoms violations, civil servants will only carry civic responsibility;
- Citizenship: according to current constitution, Azerbaijani citizen can not under any circumstance be deprived of his/her right to Azerbaijani citizenship. The new amendment suggests to remove "cannot under any circumstance"; 
- Land ownership can be restricted by law

What do these mean? Well it depends on who you ask. 

Alovsat Aliyev says that for instance removing "cannot under any circumstance" clause to the article on citizenship will increase cases of forced revoking. "This has to do with the government's interests in revoking citizenship from any citizen it wants", says the expert. 

On the amendment on land ownership, lawyer Yalchin Imanov says, "so basically now, property or land will be taken. Because up until now, constitution ensured immunity of property and the government was obliged to fulfill this immunity".

But not everyone is worried. Siyavush Novruzov, a parliament member thinks, "as the country develops, its security mechanisms improve, and reforms are carried out within state structures, it is important to make necessary amendments to constitution". As for the 7 year term limit, Novruzov had something even more outlandish to say. "Azerbaijan holds elections for three consecutive years [referring to presidential, parliamentary and municipal elections]. It takes one year to prepare for each election. That's why increasing presidential term from 5 to 7 is praiseworthy". 

Something tells me this referendum will go through just like all other referendums. And president will have all that he needs to ensure his son enters politics soon enough and it all will be fine in the land of Aliyevistan.