Toggle navigation menu.
Flag of Azerbaijan 1500x770

Azerbaijan’s Constitutional Referendum Creates Crisis of Legitimacy

Chairman Smith, Others Highlight Human Rights Issues in Letter to Azerbaijan’s President Aliyev

WASHINGTON—In a recent letter to Azerbaijan’s President Ilham Aliyev, Helsinki Commission Chairman Rep. Chris Smith (NJ-04) expressed deep concern about the country’s September 26 constitutional referendum, which proposes changes that would undermine Azerbaijan’s international obligations to protect democracy. The bipartisan letter urging President Aliyev to reconsider holding the referendum and to live up to his government’s commitment to human rights was also signed by Helsinki Commissioner Rep. Joe Pitts (PA-16) and Rep. Adam Schiff (CA-28).

“By lengthening presidential terms and expanding presidential authorities, the proposed constitutional changes are susceptible to abuse that would entrench political authority, making it less responsive to the will of the Azerbaijani people,” the Members of Congress wrote. “We are especially troubled by amendments that would restrict fundamental rights that are vital to open public debate and government accountability.”

Proposed changes to Azerbaijan’s constitution include extending the presidential term from five to seven years; removing the age limits for holding elected office; providing immunity for vice presidents; allowing the president to dissolve the national assembly and call early elections; and reorganizing the presidential line of succession.

The Government of Azerbaijan has already faced international criticism for its crackdown on journalists, activists, opposition politicians, and members of religious minorities.  The referendum would further restrict fundamental freedoms by placing limits on freedom of expression when it provokes “hostility,” freedom of assembly when it “disrupt[s]…public morale,” and property rights when they violate “social justice and effective use.”

“The upcoming referendum creates a grave crisis of legitimacy,” the letter read. “Neither the international community nor the Azerbaijani people can have confidence in a vote that takes place without free access to information, open debate, and transparency. That the Azerbaijani people are being asked to vote on measures that erode democratic principles makes the situation even more unacceptable.”

In December 2015, Chairman Smith introduced H.R. 4264, the Azerbaijan Democracy Act, a bill that would deny U.S. visas to senior members of the Azerbaijani government until such a time that Azerbaijan makes substantial progress toward releasing political prisoners, ending its harassment of civil society, and holding free and fair elections.

The full text of the letter is below.


September 8, 2016

His Excellency Ilham Aliyev
President of the Republic of Azerbaijan
Presidential Palace
Istiglaliyyat Street 19
Baku, AZ 1066

Dear President Aliyev,

We write to you to express our deep concern regarding Azerbaijan’s upcoming constitutional referendum on September 26, 2016. We believe that the proposed changes to the constitution and the means for adopting them will undermine your government’s international obligations to protect democracy and human rights. By lengthening presidential terms and expanding presidential authorities, the proposed constitutional changes are susceptible to abuse that would entrench political authority, making it less responsive to the will of the Azerbaijani people. We are especially troubled by amendments that would restrict fundamental rights that are vital to open public debate and government accountability.

Shortly following independence, the Government of Azerbaijan in 1992 joined the Organization for Security and Cooperation in Europe (OSCE) thereby expressing its commitment to the protection of fundamental rights and freedoms as one of the basic purposes of government. We regret that in the years hence Azerbaijan’s human rights record fails to reflect this commitment. Time and again, the credibility of Azerbaijani elections has been marred by credible reports of ballot stuffing and irregularities with vote counting, as well as limitations on freedom of expression and freedom of association.

These troubling precedents motivate our concern about the upcoming referendum. If successful, the vote would change the constitution to extend the presidential term from five to seven years, remove the age limits for holding elected office, provide immunity for vice presidents, allow the president to dissolve the national assembly and call early elections, as well as reorganize the presidential line of succession. Additionally, it would subject fundamental rights to vaguely worded restrictions, circumscribing freedom of expression when it provokes “hostility,” freedom of assembly when it “disrupt[s]…public morale,” and property rights when they violate “social justice and effective use.”

We are deeply concerned that Azerbaijani voters are being asked to consider such consequential changes to Azerbaijan’s constitutional framework in a climate that makes free debate all but impossible. In recent days, it has been reliably reported that a number of political activists campaigning against the referendum and several journalists have been detained on trumped-up charges and some have faced mistreatment and torture at the hands of authorities. Even before the latest round of arrests and intimidation, half a dozen journalists were already in jail, Radio Free Europe/Radio Liberty has remained closed since December 2014, and other independent journalists and media outlets faced official harassment.

The upcoming referendum creates a grave crisis of legitimacy. Neither the international community nor the Azerbaijani people can have confidence in a vote that takes place without free access to information, open debate, and transparency. That the Azerbaijani people are being asked to vote on measures that erode democratic principles makes the situation even more unacceptable.

We urge you to reconsider this constitutional referendum and to re-invigorate your government’s flagging commitment to promote the freedom and dignity of its people by ceasing all harassment and proceedings that target political activists and journalists who peacefully express their visions for Azerbaijan. We are inspired by the example of these brave voices and hope that your government will recognize that Azerbaijan’s strength and stability derives from the liberty of its people.

Sincerely,

Christopher H. Smith
Member of Congress

Joseph R. Pitts
Member of Congress

Adam B. Schiff
Member of Congress           

Media contact

Category
Country
Issue
Date
Filter Topics Open Close
Press Releases

Helsinki Commission Ranking Member Cohen Celebrates ...

Aug 01, 2024

WASHINGTON—Congressman Steve Cohen (TN-9), the Organization for Security and Cooperation in Europe’s 56-nation Parliamentary Assembly’s Special Representative on Political Prisoners, today welcomed news that three journalists and Paul Whelan, wrongly detained and imprisoned by Russian authorities on trumped-up charges, have been released in a prisoner exchange. Congressman Cohen made the following statement: “I have been […]

screen-reader-text
Hearings

Russia’s Persecution of Ukrainian Christians

Jul 24, 2024

Independent Ukraine has enjoyed a robust tradition of religious freedom. As such, Ukrainians today represent a variety of faiths, including many Christian denominations. Unfortunately, Russia—which has little tolerance for independent belief systems within its own borders—has exported its worst practices to the territories it occupies in Ukraine. Russia has engaged in routine kidnapping, hostage-taking, violence […]

screen-reader-text
Hearings

Vladimir Kara-Murza: Putin’s Personal Prisoner

Sep 20, 2023

Stream here: HEARING: Vladimir Kara-Murza: Putin’s Personal Prisoner – YouTube Vladimir Kara-Murza, a father, husband, and a freedom fighter, has been in detention for over five hundred days and is currently being transferred to a prison in Siberia. As he is being moved, his family has lost all contact with him and are faced with worry […]

screen-reader-text
Hearings

Supporting A Democratic and Secure Moldova

Jul 12, 2023

In recent years, Moldova has made notable steps to improve its democratic institutions and combat corruption. President Maia Sandu and her Party of Action and Solidarity (PAS) have spearheaded wide-ranging reforms and backed a number of high-profile anti-corruption cases. Moldova has also made strides toward greater integration with the European Union (EU). In 2022, the […]

screen-reader-text
Press Releases

Helsinki Commission Leadership Celebrate Pardon of N...

Jun 23, 2023

Washington—Today, the Chairman and Ranking Member of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, Representative Joe Wilson (SC-02) and Ranking Member Steve Cohen (TN-09), applauded Georgian President Salome Zourabichvili’s decision to issue a presidential pardon for journalist Nikoloz “Nika” Gvaramia. Mr. Gvaramia, an outspoken media figure and […]

screen-reader-text
Press Releases

HELSINKI COMMISSION SENDS APPEAL TO GEORGIAN PRESIDE...

Apr 28, 2023

WASHINGTON— The leadership of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, Chairman Representative Joe Wilson (SC-02), Co-Chairman Senator Ben Cardin (MD), and Ranking Members Representative Steve Cohen (TN-09) and Senator Roger Wicker (MS) sent a letter to Georgian President Salome Zourabichvili urging her to intervene to break […]

screen-reader-text
Hearings

CHURCH, STATE, AND RUSSIA’S WAR ON UKRAINE

Apr 27, 2023

The Putin regime has long used the Russian Orthodox Church (ROC) to consolidate its power at home and abroad. Under the leadership of Patriarch Kirill, the ROC has explicitly endorsed Russia’s war on Ukraine, even blessing weapons for the invasion. Churches under the mantle of the Ukrainian Orthodox Church (Moscow Patriarchate) had long been viewed […]

screen-reader-text
Press Releases

Helsinki Commission Leadership Statement on Georgian...

Mar 06, 2023

WASHINGTON—In response to news that the Georgian parliament is considering Russian-style foreign agent legislation, which would have a chilling effect on Georgia’s vibrant civil society, Helsinki Commission Chairman Representative Joe Wilson (SC-2), Co-Chairman Senator Ben Cardin (MD), Ranking Member Representative Steve Cohen (TN-09), and Ranking Member Senator Roger Wicker (MS) issued the following joint statement: “Since regaining independence, the Georgian people have clearly and […]

screen-reader-text
Press Releases

Helsinki Commission Chair and Co-Chair: Statement on...

Feb 20, 2023

WASHINGTON—Following reports of the sharp deterioration of Azerbaijani dissident Bakhtiyar Hajiyev, Helsinki Commission Chairman Rep. Joe Wilson (SC-2) and Co-Chairman Sen. Ben Cardin (MD) issued the following joint statement: “We are absolutely appalled at the continued unwarranted detention and mistreatment of Azerbaijani civil activist Bakhtiyar Hajiyev, who has been imprisoned on trumped up charges and […]

screen-reader-text
Briefings

Saving Ukraine’s Children

Dec 14, 2022

Ukraine’s children are suffering serious injury and trauma due to Russia’s genocidal war on Ukraine. Almost two-thirds of the country’s children have been displaced. Thousands have been injured and, although UNICEF has said more than 1,000 children have been killed, that number is likely much higher as there is no reliable way to verify how […]

screen-reader-text
Press Releases

Congressmen Cohen and Wilson Introduce Resolution Re...

Oct 28, 2022

WASHINGTON – Congressman Steve Cohen (TN-09), Co-Chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, and the Commission’s Ranking Member, Congressman Joe Wilson (SC-02), today introduced a resolution recognizing October 30 as International Day of Political Prisoners. Congressman Cohen was recently named the Special Representative on Political Prisoners […]

screen-reader-text
Statements

Congressmen Cohen and Wilson Introduce Resolution Re...

Oct 28, 2022

WASHINGTON – Congressman Steve Cohen (TN-09), Co-Chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, and the Commission’s Ranking Member, Congressman Joe Wilson (SC-02), today introduced a resolution recognizing October 30 as International Day of Political Prisoners. Congressman Cohen was recently named the Special Representative on Political Prisoners […]

screen-reader-text