On 30 January, the Organization for Security Cooperation in Europe  Office for Democratic Institutions and Human Rights (OSCE ODIHR) released an interim report on the parliamentary elections in Azerbaijan set for 9 February. The interim report is based on the results of the pre-election observation of the OSCE / ODIHR Election Observation Mission from 7 January to 24 January. 

According to the report, the country's authorities stated to the ODIHR Election Observation Mission (EOM) that there is a political will to organize elections in a free and fair atmosphere.

“The authorities noted that the early parliamentary elections will take place in the context of an ongoing conflict with Armenia. It was stressed that the unresolved conflict has a number of negative implications on the country. The authorities stated that the situation complicates the administration of elections, in particular the organization of voting for large numbers of internally displaced persons (IDPs),” said the report.

The report further assessed the pre-elections situation in the country. Elections are administered by the Central Election Commission (CEC), 125 Constituency Election Commissions (ConECs) and around 5,500 Precinct Election Commissions (PECs). Thus far, the CEC has held regular sessions open to accredited observers and the media. Decisions were in general adopted unanimously and posted on the CEC website. Election commissions appear professional and well-resourced. There are some 5.2 million registered voters of whom 340,689 are internally displaced persons (IDPs). Voter lists were available for public scrutiny between 5-15 January and voters could verify their own data online and request corrections. A difference of approximately 2 million persists between the number of registered voters as per CEC data and the number of citizens of voting age according to the State Statistics Committee. Many ODIHR EOM interlocutors believed that a lack of public information to explain this difference creates mistrust in the accuracy of the voter register. The SSC informed the ODIHR EOM that the number of citizens of voting age, as of December 2019 is estimated at 7,325.000. According to the SSC, this data includes Azerbaijani citizens residing abroad, foreign citizens residing in Azerbaijan, as well as the population of Nagorno-Karabakh based on the 1989 Soviet Union census.

The CEC informed ODIHR EOM that it organized trainings for ConECs on electoral dispute resolution and plans to conduct training of election commissions as well as the police and executive authorities, prior to election day. To enhance accessibility of polling stations for voters with physical disabilities, ramps will be installed, and for the visually impaired voters there will be a Braille kit provided. 1,000 web cameras will be installed at preselected polling stations around the country, with the stated aim to enhance transparency of the process.

ConECs registered 1,637 candidates of whom some 83 per cent are self-nominated. Nineteen political parties fielded a total of 272 candidates. A total of 80 members of the outgoing parliament (64 per cent) are seeking re-election. Women comprise 21 per cent of registered candidates. Four prospective nominees were denied nomination due to previous convictions and a non-expunged criminal record, despite the rulings of the European Court for Human Rights. As of 24 January, 239 of registered candidates have withdrawn.

The official 22-day election campaign period started on 17 January and is thus far low key with limited visibility. Candidates can organize campaign events in the 136 indoor and 136 outdoor venues pre-selected by the CEC. 

There is no public funding for financing the campaign. Candidates can fund their campaigns from their own resources and donations from individuals and legal entities. Candidates must open a dedicated bank account with a bank determined by the CEC, for all campaign related transactions. Political parties that have more than 60 registered candidates can form a unified campaign fund. Each candidate can spend maximum AZN 500,000 (some EUR 265,000), with contribution limits set at AZN 3,000 for individuals, and AZN 50,000 for legal entities. 30 parties are allowed to use their own finances to fund their nominees by up to AZN 150,000. 31 foreign, state, charitable and anonymous donations as well as in kind donations are prohibited

As for the critical remarks, the authors of the report noted the presence of serious problems that hinder the holding of fair democratic elections in the country. In particular, there are serious doubts about the observance of fundamental rights and freedoms in Azerbaijan. These violations concern restricting access to the media and restricting freedom of assembly. A number of candidates were deprived of the opportunity to participate in the elections, despite the decisions of the European Court of Human Rights (ECtHR) to remove their criminal record. 

Many ODIHR EOM speakers stated that the fundamental freedom of assembly is not respected by the authorities, noting that the last authorized political rally was held in Baku in January 2019. According to ODIHR EOM interlocutors, during an unauthorized rally held by the opposition on 19 October in Baku, authorities used physical force to disperse it, arresting many activists and opposition leaders (Caucasus Watch reported). They also stated that, although guaranteed by the Constitution, fundamental freedoms of assembly, association and movement are severely limited by the legal framework and its implementation, pointing to systematic harassment and criminal prosecution of those who express critical views of the government. 

Although the Constitution guarantees freedom of expression and the right to access information and prohibits censorship, these rights are strictly limited by various laws.  The Ministry of Transportation, Communications and High Technologies is entitled to block websites and ban media outlets based on their content without a court decision. Not all decisions of the ministry and the courts on the blocking of websites are publicly available, and there is no comprehensive list of blocked websites.

Although television is the most prevalent media, it is mainly used as a source of entertainment, while social media platforms are used for seeking alternative political information. 12 TV channels have nationwide coverage, while state-owned AzTV and public ITV are funded from the state budget. ITV is the only broadcaster to offer paid airtime at a very high price. 

Several civil society organizations are engaged in election observation and conduct exit polls. Some ODIHR EOM interlocutors stated that legal provisions related to foreign funding limit the possibility of civil-society organizations to function, train and deploy observers.  

Long-standing recommendations by ODIHR and Council of Europe’s Venice Commission, including those related to freedom of assembly and expression, media environment, and candidate registration, have yet to be addressed. Speaking to Turan, ODIHR Director Ingibjörg Sólrún Gísladóttir expressed reluctance to comment on the political issues in Azerbaijan, such as the current state of civil society and the media environment, explaining that the final ODIHR report will look at the issues closely, and that it “will reflect on what we observe in the coming weeks.“