CONSTITUTIONAL REQUIREMENTS

Under the current constitution, the first municipal elections in Azerbaijan were scheduled to have been held by end 1997. The first municipal elections will now be held on 12 December 1999.

LEGAL FRAMEWORK

It is intended that the municipal councils to be elected for each municipal area will co-exist with the existing appointed regional and local executive authorities. The legal framework for relationships between executive authorities and municipal bodies is yet to be fully developed.

The basic framework for the introduction of municipalities is contained in two laws on municipal matters which were passed by the Milli Majlis and signed by the President of Azerbaijan on 2 July: the Law On Status of Municipalities, and the Law on Rules for Municipal Elections. The texts of the laws were published on 28 July 1999.

These laws were drafted by the Permanent Parliamentary Commission on Local Government. Comments on drafts of these laws were received from international bodies, including the Council of Europe.

Additional framework for these elections has been defined in the presidential decrees on Municipal Elections and On Status of Municipalities, both published on 28 July, and in instructions issued by the Central Election Commission. Since August 6 the Central Election Commission has issued a number of instructions covering such issues as rules for establishment of Territorial and Precinct Election Commissions; checking of nomination applications received from candidates for municipal member; voting day procedures for Precinct Election Commissions; the completion of the protocol on the results of voting in precincts; financing of candidates’ election campaigns; and printing and distribution of ballot papers.

ELECTION ADMINISTRATION FRAMEWORK

For the administration of the elections for municipalities, the Central Election Commission has not the same detailed operational management role that it has had in the 1998 presidential and 1995 parliamentary elections. Its responsibilities for these elections include: determining municipal boundaries; writing directions and instructions for the election and organising training for election officials; monitoring compliance with the law and determining complaints; arranging ballot paper printing; approving rules and documents developed by lower level commissions; distributing election finance.

There are 74 Territorial Election Commissions that have been created to manage municipal election operations in municipalities within their respective regions. There have been 2665 municipalities created. At the December 12 1999 elections, 21087 municipal members will be elected for these municipalities. A breakdown of municipalities by population size is:

 

 

Territorial Election Commissions’ responsibilities for these elections include creating and coordinating the activities of Precinct Election Commissions; registration of candidates for municipal member; printing of candidates’ names and details on ballot papers; determining voting results by electoral area, based on the information provided by Precinct Election Commissions.

At the local level, Precinct Election Commissions have been created in 4683 precincts. Each of these Precinct Election Commissions is responsible for the operation of its precinct’s voting station on voting day and the count of ballot papers and determination of voting results from that voting station. Precinct Election Commissions have additional responsibilities for these elections, including responsibilities relating to the posting for review and accuracy of voters lists, and ensuring equal conditions for the conduct of candidates’ election campaigns within the precinct.

DETAILS OF LEGAL FRAMEWORK

Law On Status of Municipalities

The Law On Status of Municipalities provides a general broad framework for municipalities. It does not provide the full detail that will be required for municipal operations with regard to municipal territories; service provision; taxes and charges; finances; property acquisition, control and disposal; relationships with other organs of State; municipal charters. These issues will be covered in separate legislation or presidential decrees. The presidential decree On Status of Municipalities of 28 July 1999 commanded the preparation of:

• proposals to the President on: division of state and municipal property, municipal taxes, payments for natural resource usage

• regulations on municipal purchasing and recording of municipal economic and financial activity
  

• draft laws on municipal property, including its privatisation, municipal services, municipal referendums, municipal budgets, methods of implementing local self government, citizens applications to municipalities and their bodies, and other issues. These laws are being drafted and presented to the Milli Majlis (Parliament) in the last quarter of 1999

Basic features of the law On Status of Municipalities include

• Municipal members are to be elected for a five year term by secret ballot. Municipalities with a population of under 500 people may make decisions at an open citizens meeting. Such meetings must be attended by 25% of citizens with the right to vote in that municipal territory, for their decisions to be valid.

• There are no bars to the creation of small municipalities. Around 20% of municipalities contain 500 or less people

• A single tier municipal structure. There will be no second tier elected regional bodies in rural areas.. Similarly in cities there will be a number of separate municipalities, but there will be no city-wide coordinating municipal body

• Municipalities will each adopt their own charter defining their structure, functions and responsibilities, based on a sample charter provided by the national Law on Municipal Charter.

• A large range of potential functions in the health, culture, education, property, sanitation, transport, information, recreation, economic, environmental and welfare fields is available to municipalities. However, municipalities have residual functions – they cannot duplicate operations being undertaken or planned by State organisations or State programs.

• Elected municipal bodies operate outside the central state structure, and in way that has yet to be fully defined, relate with the state-appointed executive authorities.

• Municipalities are given certain rights. These include: to have their own staff; to provide municipal services; to have an independent budget; to acquire, maintain and privatise property; to establish credit institutions; to raise income through taxes or other means. How and to what extent these may be done is to be f defined in further legislation and regulations.

• State property will be transferred to municipalities, by a means yet to be finalised, to provide for the 33% of land to owned by municipalities under the relevant presidential decree of 1997.

• Municipalities that cannot provide a minimum level of services may be supported with State funds

• Voters may determine a range of important municipal issues by means of referendum, using either an open or secret ballot. The proportion of voters required to initiate a referendum is not defined in the Municipal Status law.

Law On Rules for Municipal Elections

The Law On Rules for Municipal Elections covers issues relating to the election of municipal councils, except for the appointment and conduct of the Central Election Commission (covered in the Law on the Central Election Commission). The Law on the Central Election Commission currently remains the same as it did for the presidential election.

This Law On Rules for Municipal Elections provides that, for the December 12 municipal elections

• Municipal boundaries are to be determined according to existing administrative boundaries by the Central Election Commission.

• Municipal members are to be elected by a free and secret ballot of eligible voters who are 18 or more years old. Internally Displaced Persons will be able to vote and be nominated as a candidate for their current address.

• Candidates, who must be 21 or more years old, can be nominate themselves individually, or be nominated by voters initiative groups and by registered political parties. Candidacy must be supported by a specified number of signatures of registered voters, varying according to the population of the municipality . Parties may nominate in each municipality a number of candidates equal to or less than the number of municipal members to be elected.

• There will be between 5 and 19 elected members of a municipality, depending on the population of the municipality.

• Voters lists will be prepared and approved by each Precinct Election Commission, on the basis of information provided by executive authorities by 2 November. By 12 November, each Precinct Election Commission must have its voters list on public display. Voters can request amendment to their details on the voters list, or if they have been omitted from the voters list they can be added to a supplementary voters list on production of their passport or other approved ID. These additions to voters lists can be made through to the close of voting on voting day.

• The election system is a ‘multi mandate majoritarian’ system. Each voter may vote for a multiple number of candidates, according to the different numbers of municipal members to be elected in each specific municipality. A brief explanation of this unusual system is at page 5. There are provisions for mobile ballot boxes to enable voting by the house-bound, and for voters to be assisted to vote in voting stations. At least 25% of the voters on the voters list in any electoral territory must vote, for that election to be valid.

• Election day is 12 December 1999. Territorial Election Commissions are to be appointed by 95 days before election day (8 September), and Precinct Election Commissions by 80 days before (23 September). Candidate nominations commence on 18 October, and conclude on 12 November. The official election campaign period commences from 17 November, and finishes at midnight on December 11, giving a 25 day official campaign period.

• Vote counting will be undertaken in each voting station. Official results must be provided from each voting station to the relevant Territorial Election Commission within 24 hours of the close of voting. Territorial Election Commissions must determine election results within 2 days of election day (including completion of any court ordered recounts). Territorial Election Commissions must advise the CEC of election results within 72 hours of the close of voting . The CEC must officially announce the election results within 20 days after election day (1 January 2000) and publish full result details within 2 months of election day (by 12 February 2000)

• Administration of these elections will be largely decentralised to 74 regionally based Territorial Election Commissions, each of which is responsible for between 1 and 110 municipalities’ elections.. Major functions such as the printing of candidate names and details on ballot papers will be managed by each Territorial Election Commission. A Precinct Election Commission controls the voting and count of ballot papers in each voting station.

• Both Territorial and Precinct Election Commission membership has been largely determined by a lottery, under rules devised by the CEC. Local party branches, public associations and meetings of voters may each nominate a candidate to participate in this selection by lottery. There is also provision for additional direct representation on these commissions for political parties who have nominated candidates for election in the relevant area.

• Accredited observers from international and domestic registered organisations and political parties may observe all election processes, and may obtain copies of official result protocols.

PRESIDENTIAL DECREES OF 28 JULY 1999

On 28 July, the same date as the election and status laws were published, two presidential decrees concerning municipalities were also published

Decree on Status of Municipalities

The Cabinet of Ministers was directed generally address the issue of municipalities, and specifically to

• prepare and present to the president proposals on
  • resolving issues where the law on status of municipalities and existing legislation coincides

  • the division of state and municipal property

  • municipal taxes

  • payments to municipalities for usage of natural resources

• provide the president with information on areas where the powers of the Cabinet of Ministers and the Central Executive Authorities coincide with the powers in the law on the status of municipalities.

• prepare and present to the president draft regulations on
  • municipal purchasing and supply

  • registration of the economic and financial activity of municipal enterprises and organisations

• prepare and present to the president a draft law defining the consequences of not implementing decisions made by municipalities

The Milli Majlis was directed to prepare and adopt laws on

• Municipal property and privatisation of municipal property:

• Municipal services, municipal budgets

• Municipal referendums, methods of implementing local self government

• Appeals by citizens against actions of municipalities, municipal bodies and their officials

• Other issues

Executive authorities with specific duties under the municipal, laws were identified:

• the Ministry of Justice as responsible for registration of municipal charters and administrative oversight of municipalities

• the State Committee on Statistics for collection of municipal statistics.

The CEC was directed to prepare within 2 months instructions on establishing initiative groups and rules for the conduct of citizens meetings

Decree on Municipal Elections

This decree dealt with the following issues

• the election date was set for 12 December 1999

• the CEC was directed to provide funding estimates to Cabinet within 1 month and Cabinet was directed to ensure sufficient funds are available

• relevant executive authorities were directed to fulfil their responsibilities under the municipal election law by reviewing, and updating their information on voters and providing voters lists in the required format to PECs

• Relevant executive authorities were directed to fulfil their responsibilities under the municipal election law by

• Making arrangements for display of printed election campaign materials

• Organising voting station premises for PECs

• providing assistance to election commissions

• the Ministry of Foreign Affairs was directed to make arrangements for voters outside Azerbaijan. The CEC advises that, in practice, this will entail advising these voters to return to Azerbaijan if they want to vote in these elections.

• relevant bodies were instructed to invite foreign governments, international organisations, foreign parliaments and foreign election commissions to send observers and to assist these observers in their duties.

ELECTION SYSTEM

The following brief explanation of the election system to be used is provided as it is a rare system with which few people are likely to be familiar. It is not a normal ‘majoritarian’ system, in the sense this is used throughout the world

The system proposed to be used is ‘Multi mandate majoritarian’, often known as the ‘block vote’ system. It is used in few countries: in 1997 only Laos, Fiji, Kuwait, Bermuda, Maldives, Philippines, Mauritius, the US Virgin Islands and a few other small states, and by the Palestine Authority (the only place where it is used for ‘local’ government elections). Thailand is the only significant country in which it is used.

This system is widely regarded as producing disproportionate results. It can give a group of candidates over 90% of the elected representatives with only a plurality of the vote for all their candidates. Countries such as Jordan and Mongolia have moved from this system due to dissatisfaction with it’s results. But it has the advantage of being a relatively cheap system to implement.

How does it work?

• Each municipality forms a single constituency, from which are elected all the municipal members.

• Parties can nominate a number of candidates equal to or less than the number of vacancies. Voters groups may also each nominate a candidate. Individual self-nominated candidates may also stand. Thus there could conceivably be a large number of candidates on the ballot paper, especially where a large number of registered political parties all nominate the maximum allowable number of candidates. For example, in municipalities where 19 representatives are to be elected, if all major parties nominate candidates there could be well over 100 candidates

• All candidates appear in alphabetical order on the ballot paper, and the party or group with which they are affiliated is also identified on the ballot.

• Voters may vote for between 1 and "n" candidates, where "n" is the total number of municipal members to be elected in the municipality, for their vote to be valid

• When the votes are counted, a separate, consecutive count needs to be conducted for each candidate on the ballot paper, for transparency and integrity to be maintained.. At no time during the count is it be possible to organise simultaneously separate piles of ballot papers representing each candidate’s votes. It also requires additional time consuming procedures to reconcile total votes marked on the ballot papers to the total votes counted for candidates

• The candidates with the highest individual vote totals are elected, in accordance with the number of vacant positions for municipal member

This election system presents some complex problems for administration of the election, particularly for developing a flexible design of ballot papers for the large numbers of candidates that could be expected in some municipalities, in educating voters that they may vote for a multiple, but limited number of candidates that will be different in different municipalities, and in maintaining integrity in the count of ballots.

ADDITIONS TO MUNICIPAL LEGAL FRAMEWORK

Municipal Charter Law

• Creates positions of ‘head of a residential area’ - an elected council member from a village or settlement within the municipality, who have their own charter defining their rights and duties.

• Defines the method of election and the term of office of the Head of the Municipal Administration

• Defines the ‘issues of local significance‘ which are within the municipality’s powers. There are 30 of these, including: adoption and amendment of the Charter; local financial issues; social and economic development in the municipality; use and disposal of municipal property; municipal education at pre-school, school and professional levels; health institutions; protection of public order; planning; construction of utilities; housing construction; regulating water resources; supervising land use; road construction and maintenance; fire safety; protection of historical and cultural monuments; transport services; protection of environment.

• Defines the municipal councils powers. These include: the adoption of binding rules regarding locally significant issues; adopting and regulating the budget; development of education; determining tariffs of municipal goods and services; determining local taxes and duties; determines rules for managing, approves privatisation of and determines inalienable municipal property, land and resources; determines decisions on a local referendums; appoints deputy heads of municipal departments; decides on resignation of the head of the municipal administration

• Defines the powers of the municipal administration and also of its head.

• Defines the rules for management and privatisation of municipal property

• Defines the construction of the municipal budget and general rules for financial management

• Provides that the municipality may determine in the charter the ratio of elected councillors to population, and their term of office.

• Defines the status and financial and social benefits of members of a municipal council.

• Provides for a vote of no confidence in council members

• Defines that referendum and council decisions are binding throughout the municipal territory

Municipal Service Law

• Management of the municipal service is vested in the municipal council chairperson and heads of the departments of the municipal executive, and defines the levels of municipal staff

• Management is responsible for implementation of the municipal service law, staff training, replacing officials, maintaining municipal data; implementing municipal council decisions.

• Persons convicted of a crime and who have not served their sentence or who have been convicted at any time of a crime against the state, and ‘close relatives’ cannot be employed in the municipal service

• Definitions of the rights of municipal staff, including to be provided with a written statement of duties, to have all information be necessary to complete their tasks, to seek promotion, to have a fair investigation of judgements against them, to form trade unions

• Definitions of responsibilities of municipal officials including: to perform duties with dignity, according to the law and legal instructions given to them, to investigate requests made, to protect the legal interests of the state and self governing bodies, to implement lawful decisions of management, the improve their skills, to follow ethical principles inn their work, to co-ordinate their work with relevant executive authorities, to protect state secrets

• Defines things that municipal officials are prohibited from doing, including: holding a position with a state or local self government body, court or enterprise, be engaged with anyone in private business within the area of his/her municipal duties, divulging municipal information without permission, use municipal property for unofficial purposes, to have a commercial interest in any business located in the municipal territory

• Defines that working hours, salaries and vacation are in accordance with the Labour Code, and that salaries are paid from the municipality’s budget

• Provides that municipal officials’ positions are not linked to the term of office of the municipal council, they are eligible for pensions, and can be paid other benefits as defined in the municipal charter

• Provides that municipal officials may be disciplined, dismissed or subject to civil or criminal actions if they breach this law.

INSTRUCTIONS ISSUED BY THE CENTRAL ELECTION COMMISSION

• To mid November, the Central Election Commission had issued instructions on the following matters.

• Formation Of Territorial Election Commissions

• Printing And Distribution of Ballot Papers

• The following notes on instructions issued advise areas where instructions have amplified the legal framework in a significant manner

• Formation Of Territorial Election Commissions

• Formation of Precinct Election Commissions

• Replacement of Territorial and Precinct Election Commission Members

• Management of Territorial and Precinct Election Commissions

• Rules for Observers

• Procedures for Election Finance

• Financing of Candidate Election Campaigns

• Formation of Voters Initiative Groups to Nominate Candidates

• Formation of Voters Initiative Groups in Municipalities with a Population of Less than 500

• Applications for Candidate Nomination Forms

• Procedures for Checking Candidates’ Nomination Documents

• Completion of Ballot Paper Count Protocol by PECs

• The CEC has also issued on "Explanation’ – on nomination of candidates, specifying that local or central organs of a political party may nominate candidates, and that a party (but not voters initiative groups) may nominate as many candidates in a municipality as there are vacancies

• Instructions on campaign rules and voting day procedures have also been approved by the CEC.