Azerbaijan's unfinished election

  By Sabine Freizer
  OpenDemocracy | November, 8, 2005
  http://www.opendemocracy.net/democracy-caucasus/azerbaijan_3003.jsp 

Ilham Aliev's ruling party declared victory before the votes were
counted, but the opposition can still challenge some of its fraudulent
results, reports the International Crisis Group's Sabine Freizer in Baku.

The 6 November 2005 parliamentary elections in Azerbaijan were another
missed opportunity for the oil-rich country in the southern Caucasus
to demonstrate its commitment to democracy and reform. Massive fraud
including ballot-stuffing was observed by international observers
throughout the country. Only 47% of the population decided to turn out
to vote, revealing a serious disenchantment with the electoral system
in a country which has seen one fraudulent election after the other.

The potential for violence and a breakdown in stability continues to
exist, with the Azeri opposition now vowing to bring its political
struggle into the streets with peaceful demonstrations. The government
has stated that it will repress any actions that even hint at the kind
of revolutionary change witnessed in other ex-Soviet countries –
Ukraine, Kyrgyzstan, and neighbouring Georgia. Yet there is still a
chance that election-related complaints will be processed through the
appropriate legal bodies, leading to prosecution for offences and
repeat elections.

These elections were supposed to be different. President Ilham Aliev
had issued two decrees, in May and October 2005, expressing a firm
political intention that the polls would be fair and democratic. 2,063
candidates registered to vote, with 1,550 finally standing on
election-day. Access to the media for all political forces
significantly improved; even some of the most radical opposition
figures benefited from free airtime.

Yet violence during the campaign, and the government's refusal to
allow the opposition to hold rallies in central Baku, kept a lid on
the democratic process. Local authorities' promotion of their
favourite candidates, and their warnings to the country's host of
state employees against supporting the opposition, maintained an
atmosphere of intimidation. The pre-election playing-field was always
tilted towards pro-government candidates.

Violence was alread a factor in October 2003. The deeply flawed
presidential elections sealed a dynastic transition from Azerbaijan's
longstanding post-Soviet ruler Heydar Aliev to his son Ilham – two
months before Heydar's death. The polls were marred by significant
irregularities and failed to meet international standards, leading to
widespread protest rallies on election-night and the following day.
Police and internal security troops in the capital, Baku, used
overwhelming force to crush the opposition; at least four people were
killed and a wave of detentions swept into custody at least 625,
including eighty-five election commission officials.

At the time international criticism of the elections was relatively
muted, suggesting that many interested parties placed a premium on
continuity and the stability of energy investments rather than on
democracy. Decision-makers in the United States and European Union
member-states expressed hope that Ilham Aliev, despite the
circumstances of his arrival in power, would combine stability with
reform. In these two years, Ilham Aliev's government has indeed
promoted legislative change to root out corruption and reform key
state institutions to ensure that they protect fundamental rights; but
these remain mainly paper pledges.

The economics of insecurity

Meanwhile, Azerbaijan is set to benefit in the next three years from a
doubling of its gross domestic product – by at least 20% in 2005
alone. The opening of the Baku-Tbilisi-Ceyhan (BTC) oil pipeline, the
further exploitation of the Shah Deniz gasfield, and growth in
construction, transportation, and services are expected to drive
further economic expansion.

Yet even as foreign direct investment pours into Azerbaijan's
hydrocarbon sector, the country's immense resources are still finite
and most economic projections show a declining growth rate after 2010.
It is essential that the government effectively manages the state oil
fund which already has close to $1 billion in its coffers. The country
risks "Dutch disease": an over-dependence on the oil and gas sectors,
high inflation, and a rapid appreciation of the local currency that
would be detrimental to Azerbaijani exports. To ensure future economic
stability the state needs to find ways – including rural development
and the promotion of non-oil industries – to gradually distribute wealth.

        
        

        

Most important of all, if Azerbaijan expects to become an economic and
political success story it must systematically attack corruption. In
2004, Transparency International ranked Azerbaijan 140th on its index
of the 146 most corrupt nations. Despite the anti-corruption
legislation of the past year, the number of people being accused and
sentenced for corrupt practices has not significantly increased,
especially amongst state officials. True, several high-level
authorities – including two ministers – were detained in the run-up to
the elections, but it remains unclear if their detention was driven by
a genuine anti-corruption commitment or by a desire to eliminate
potential political rivals. As long as deeply corrupt patronage
networks drive its political and economic systems, Azerbaijan will
remain a rentier state struggling to achieve democratic change.

To wage a deep systemic anti-corruption effort and maintain stability,
the president and his government need to have a strong popular
mandate, a politically active citizenry, and robust judicial and
law-enforcement bodies keen on upholding the rule of law. Democratic
elections are a key component in this equation: a committed and
professional parliament would benefit the president by giving him a
strong backbone to launch widespread reforms.

A democratic margin

This is not the parliament that Ilham Aliev is likely to get when it
is stacked with MPs who have little real public support and were
elected illegally. And a preliminary statement issued by the OSCE
election observation mission to Azerbaijan on 7 November suggests that
some people were indeed elected on a fraudulent basis. The mission
concluded that the elections "did not meet a number of OSCE
commitments and Council of Europe standards for democratic elections";
it described a litany of pre-elections and election-day violations,
especially during the count and tabulation process.

In the coming days and months the Central Election Commission, the
general prosecutor's office and the Azerbaijani courts will be asked
to adjudicate election-related complaints, cancel fraudulent polls and
sentence those guilty of election fraud. The Baku mayor's office has
accepted the opposition's request to hold a demonstration on 9
November, and the police will be made responsible to guarantee freedom
of assembly and professionalism in carrying out crowd-control duties.
Ultimately, President Aliev may find it necessary to dismiss heads of
local executive committees for illegally interfering in the election
process, and set a new date for repeat elections where, as in the most
blatant cases, the results may be cancelled. The opposition will have
to continue fighting peacefully through the courts for its rights,
with the aim of gaining as many seats as possible in the new
parliament after repeat elections.

These legal and administrative steps could cumulatively put Azerbaijan
back on the path toward democratic development. If they are not taken,
the country is likely to swerve towards increased instability and
insecurity – a dangerous trajectory for a country at the crossroads of
Europe and Asia. Azerbaijan's international partners would do well to
help it on the right path.

Sabine Freizer is Caucasus Project Director for the International
Crisis Group, based in Tbilisi.

Also by Sabine Freizer in openDemocracy:

"Dynasty and democracy in Azerbaijan" (December 2003)

"The pillars of Georgia's political transition" (February 2004)

"Midnight in Tashkent" (April 2004)








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