IV
106TH CONGRESS
2D SESSION
H. CON. RES. 382
Calling on the Government of Azerbaijan to hold free and fair parliamentary
elections in November 2000.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 2000
Mr. SMITH of New Jersey (for himself, Mr. HOYER, Mr. PITTS, and Mr.
CARDIN) submitted the following concurrent resolution; which was re-
ferred to the Committee on International Relations
CONCURRENT RESOLUTION
Calling on the Government of Azerbaijan to hold free and
fair parliamentary elections in November 2000.
Whereas Azerbaijan has been a participating state of the Or-
ganization for Security and Cooperation in Europe
(OSCE) since 1992 and has freely accepted all OSCE
commitments, including those concerning democracy,
human rights, and the rule of law;
Whereas Azerbaijan, as an OSCE participating state, has
committed itself to build, consolidate, and strengthen de-
mocracy as the only system of government, and is obli-
gated to hold free elections at reasonable intervals, to re-
spect the right of citizens to seek political or public office
without discrimination, to respect the right of individuals
and groups to establish in full freedom their own political
•HCON 382 IH
parties, and to allow parties and individuals wishing to
participate in the electoral process access to the media on
a nondiscriminatory basis;
Whereas the development of democracy in Azerbaijan will
promote stability in that country and throughout the
Caucasus, foster the resolution of regional disputes, espe-
cially the Nagorno-Karabakh conflict, and can positively
influence the development of democracy in other regions,
especially Central Asia;
Whereas Azerbaijan’s parliamentary elections in 1995, presi-
dential elections in 1998, and municipal elections in 1999
have failed to meet international standards, according to
the OSCE’s Office for Democratic Institutions and
Human Rights (ODIHR) and other international election
observers;
Whereas these flawed elections have aggravated an unfortu-
nate legacy of deep distrust between the government and
the opposition, undermining prospects for societal cohe-
sion, the establishment of democratic institutions and
peaceful, predictable transfers of power;
Whereas in August 1997, Azerbaijan President Heydar Aliev
met with President Clinton at the White House and
pledged to hold free and fair elections;
Whereas irregularities leading up to the presidential election
the following year caused several opposition political par-
ties to boycott that election;
Whereas the parliamentary election due to be held in Novem-
ber 2000 offers an opportunity to demonstrate the Azer-
baijani Government’s commitment to democracy and
overcome tension between the government and the oppo-
sition and within Azerbaijani society;
•HCON 382 IH
Whereas Azerbaijan’s Government has been negotiating with
the ODIHR on the passage of laws governing the conduct
of elections and the ODIHR has, in consultation with the
authorities and the opposition, made specific rec-
ommendations and proposals to craft legislation that, if
implemented in good conscience, would produce an elec-
tion seen as free and fair and a true expression of the
will of the people of Azerbaijan;
Whereas the ODIHR considers the law on the Central Elec-
tion Commission, passed on June 9, 2000, to take into
account the interests of both the government and the op-
position;
Whereas on June 28, 2000, the Council of Europe approved
Azerbaijan’s application for membership, calling on the
government to hold free and fair elections and release all
political prisoners;
Whereas by joining the Council of Europe, Azerbaijan’s Gov-
ernment has committed itself to observe the Council’s
norms and standards for democratic behavior, including
the conduct of free and fair elections;
Whereas Azerbaijan’s parliament nonetheless passed an elec-
tion law on July 5, 2000, that did not include rec-
ommended amendments by the ODIHR that would bring
the legislation into accord with OSCE standards;
Whereas the ODIHR issued a press release on July 7, 2000,
‘‘deploring’’ shortcomings in the election law and voicing
the hope that it would yet be amended in line with that
Office’s recommendations;
Whereas these shortcomings involve, among other things, the
exclusion of an opposition party which was registered in
February 2000, the formation of territorial and local
•HCON 382 IH
election commissions effectively under government con-
trol, the restriction of voters’ rights to sign petitions
nominating more than one candidate or party, and the
rights of domestic observers to monitor the election;
Whereas OSCE Chairman-in-Office, Austrian Foreign Min-
ister Benita Ferrero-Waldner, on July 18, 2000, while
visiting Baku, voiced concern about ‘‘very serious short-
comings in the Law On Parliamentary Elections and
urged Azerbaijan’s leadership to take into account rec-
ommendations from the ODIHR’’;
Whereas President Heydar Aliev responded that parliament
had not accepted his proposed amendments to the law
but work toward that end is still proceeding, and prom-
ised the election would be fair and democratic;
Whereas opposition parties refuse to let their representatives
participate in meetings of the Central Election Commis-
sion until the election law is amended;
Whereas the Speaker of Azerbaijan’s parliament on July 19,
2000, convened a meeting of the Central Election Com-
mission without opposition members, substituting for
them members of the former Central Election Commis-
sion, and approved a list of 100 single-mandate districts
for the election;
Whereas the Speaker threatened, unless the opposition agrees
to participate in the work of the Central Election Com-
mission, to amend the law so that the Commission’s deci-
sions be taken by a majority, rather than a two-thirds
vote;
Whereas on July 20, 2000, 12 political parties, including the
leading opposition parties, adopted a joint statement con-
demning the threat to amend the law on the Central
•HCON 382 IH
Electoral Commission and countering that if that law is
amended and if parliament refuses to amend the election
law, they will boycott the November ballot;
Whereas yet another opposition boycott of an election will un-
dermine the Azerbaijani Government’s legitimacy;
Whereas an election in Azerbaijan that does not have the
confidence of all the country’s political forces will not
produce credible results, contribute to the consolidation
of stability, or promote the development of democratic in-
stitutions in the country;
Whereas on July 21, 2000, Azerbaijan’s parliament amended
the law on the Central Election Commission so as to
make decisions by majority vote, thus depriving the oppo-
sition of its ability to block decisions; and
Whereas on July 24, 2000, the Department of State issued
a statement regretting the recent actions of Azerbaijan’s
parliament and urging the government and parliament to
bring the election law into conformity with international
standards: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That the Congress—
(1) urges the United States Government to re-
mind President Aliev of the commitments he made
to President Clinton regarding free and fair elections
and to work with President Aliev toward that end;
(2) emphasizes the importance of free and fair
parliamentary elections as a critical component in
the consolidation of democracy in Azerbaijan;
•HCON 382 IH
(3) urges the Government and Parliament of
Azerbaijan to come into compliance with its Organi-
zation for Security and Cooperation in Europe
(OSCE) commitments on democratization and the
holding of free and fair elections by accepting the
recommendations and proposed amendments to the
law on elections by the OSCE’s Office for Demo-
cratic Institutions and Human Rights (ODIHR);
and
(4) calls on the Government and Parliament of
Azerbaijan to work with opposition parties and with
nongovernmental organizations to create a pre-elec-
tion environment that assures equality of conditions,
as well as freedom of assembly and expression for all
political parties and candidates wishing to partici-
pate in the upcoming parliamentary elections.
Æ