On July 5th we held a meeting of the commission that elaborates the draft of the new Constitution and made decisions on elaboration of the draft of the new Constitution and on the draft law related to the new parliamentary elections. According to the decision of the Constitutional Commission, two working groups were established to work on the drafts. The working group is being engaged in the elaboration of the draft constitution and the draft law related to the parliamentary elections. The group has been working, held meetings; the group members submitted their proposals and conclusions. Last Saturday I met with the working group, talked to them on the draft election law, and received some information on their work.
As I noted, the commission is engaged in the preparation of the drafts of the Constitution and the election code. The elections are scheduled for November 12. There is few time left. Thus, we decided to review the draft election code, adopt it soon, and start to prepare for the elections. Afterwards we will review and discuss the draft Constitution within a short time. So I focused on only the draft election code at our meeting last Saturday. Our talk lasted over five hours. Almost all members of the working group made speeches and expressed their opinions. I tried to let everyone speak. So the members expressed their positions freely.
There was a difference of opinion at the meeting regarding some issues: on the parliament`s being unicameral or bicameral, on the method of the elections - either majority rule, or proportional representation, or mixed system, on number of members of the parliament.
At the meeting of the working group we decided to review the draft because of the difference of opinion and to discuss it in the Constitutional Commission. As you know, initially there were several projects, such as election of unicameral parliament based on majority rule, election of unicameral parliament based on mixed (both majority and proportional) rule, election of upper chamber of bicameral parliament based on majority rule and lower chamber based on mixed (both majority and proportional) rule, election of unicameral parliament exclusively by proportional representation.
As a result of the discussions in the working group, I submitted to drafts to the Constitutional commission. One of them deals with election of unicameral parliament based on mixed (both majority and proportional) rule, while the other one deals with election of upper chamber of bicameral parliament based on majority rule and lower chamber based on mixed (both majority and proportional) rule.
I do not submit other two projects to the Constitutional Commission. Because in the discussion we came to an agreement that they are more suitable for holding parliamentary elections in democratic conditions. It is impossible to protest against the project on election of unicameral parliament based on majority rule. Since it is considered the most democratic election rule in many democracies. It is true that parliamentary elections in some countries are held by proportional representation or based on mixed system.
For example, in most democratically developed Western countries, such as the USA and France elections are held based on majority rule.
We involved some foreign experts to this issue. I talked to some of them. They only recommended the application of majority rule, considering the current situation, including transitional period, the war, the occupation of more than 20% of territories of Azerbaijan by the Armenian armed forces, and existence of over one million refugees in our country. We have received similar proposals and recommendations. We discussed and decided at the meeting of the working group that those thoughts are true, the majority rule is a democratic system and suits the current situation of our country. But since there are many parties in Azerbaijan and they are eager to take part in the elections, we decided to organize elections based on mixed system in order to introduce innovation in the parliamentary elections. So I submit the drafts on majority rule and proportional representation to your discussion.
I can convey my opinion on the draft on proportional representation. Since our discussions started, I have never said my opinion on what system or parliamentary structure is suitable for us. I did not do it either in the 5-hour discussion with the working group. I do not want to influence anyone; I want freedom here. Since I submit to your discussion two projects, I exspress my opinion on the other two that we will not tackle.
I have already stated my position on unicameral parliament based on full majority rule; it is a democratic system that suits our conditions best. But considering the existence of numerous political parties in Azerbaijan and their statements on active participation in the elections, I do not submit the draft on full majority rule to today`s discussion. If the commission members insist, then they can discuss that draft, too. The reason why I do not submit the project on full proportional representation to discussion - I have never stated it, but I now I will is that it does not necessarily suit the situation of our country.
The political parties in Azerbaijan are fledgling. The process of partisanship is in its first stage in our society. Most of the parties are small. Other parties that claim to be big enough can not represent all strata of the population and regions of the country. The chairman of the Central Election Commission Jafar Veliyev informed at the meeting of the working group that the members of the political parties of Azerbaijan are roughly 450 thousand altogether. It means they can not represent the entire population of 7.5 million. If we organize election by proportional representation, we can not learn the opinions of all the population. Because the parties do not represent the entire population. While the process of partisanship has just started, parties have not been fully formed, other parties that claim to be big have not earned enough reputation in the society, we can not hold elections only by proportional representation. This is why I do not submit this project to discussion.
So, two drafts are being submitted to discussion: the first one - on unicameral parliament based on mixed (majority and proportional) rule; the second one - on bicameral parliament with upper chamber based on majority rule, lower chamber on mixed rule. Since there was a difference of opinion at the meeting of the working group, I submit both of them to discussion.
The drafts have been distributed to you. I guess you have read and analyzed them. Perhaps there is no need for a report, since you have already got the drafts. Let Shahin Aliyev give brief information on the draft on unicameral parliament and Sefa Mirzeyev - on the draft on bicameral parliament.
“Azerbaycan” newspaper, July 27, 1995