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Parliament votes to scrap presidential term limits

24 December 2008 03:49 (UTC+04:00)
Parliament votes to scrap presidential term limits

The Azerbaijani parliament on Friday overwhelmingly voted to scrap the constitutional provision banning the election of a president more than twice.
The measure, approved 95 to 4, supported a proposal for a nationwide referendum on the issue. The existing provision was replaced with one that envisions extending the presidential term in office in the event of war.
The decision came after Thursday`s discussions in the Milli Majlis standing commissions on legal policy and state-building, and on human rights, after which the Act of Referendum on Addenda and Amendments to the Constitution was put on the agenda for the legislature.
The Constitutional Court is expected to review the proposed amendments on Wednesday, after which parliament will set a date for a vote.
The proposal to hold a referendum on the issue had been made by MPs from the ruling New Azerbaijan Party (NAP). Several political parties represented in the legislature, as well as public organizations and intellectuals, backed the initiative.
The Azerbaijani president is elected for five years. The country`s Constitution was adopted in 1995. It was subsequently amended in 2002.
Changes to Azerbaijan`s Constitution may be enacted only by holding a referendum. If the amendments are proposed by parliament or the president, they must be approved by the Constitutional Court. Following the Court`s approval, the head of state or the legislature must approve a decision on holding the referendum, which is to take place within 75 days.
Other proposed constitutional changes concern the rights and status of former presidents of Azerbaijan and renaming the National Bank of Azerbaijan into the Central Bank and the President`s Office into the Presidential Administration.
Another amendment calls for allowing draft laws to be submitted for parliamentary approval by petitions containing signatures of 40,000 citizens.
The Azerbaijani opposition and a number of NGO leaders have come out against the proposed constitutional changes.
In an appeal forwarded to the Constitutional Court, the co-founders of the Azadlig bloc, which comprises the country`s main opposition parties, as well as numerous groups dealing with human rights, requested that the court reject the amendments. They claimed the changes run counter to the international legal acts joined by Azerbaijan and would hurt the country`s statehood and its image on the world stage.
The statement maintained further that a number of activities carried out in Azerbaijan "under the title of legal reforms" had shifted the already disrupted balance in the division of authority toward the executive branch of power.
"The constitutional changes, to be urgently and hastily put on a referendum under a formal proposal of the New Azerbaijan Party, without undergoing proper procedures, indicate that these processes are increasingly becoming a threat to democratization and statehood," the appeal said.

`Open debate`
The United States has called for an open debate on the removal of the constitutional provision on presidential terms.
"We are following these discussions, and invite the Azerbaijani government to provide favorable conditions for a diverse and open debate on this proposal, which would empower anyone to express his views," said Terry Davidson, the spokesman for the US embassy in Baku.
"Not only laws regulating constitutional procedures are important for democracy. More importantly, a healthy democratic environment should be created to encourage citizens to exercise their rights without restrictions," Davidson said.
Davidson said the U.S. considered political rivalry and change of power by peaceful means in accord with the Constitution as a founding principle of democracy and a driving force for strengthening democratic institutions. It thereby urged the Azerbaijani authorities to expedite democratic reforms, fully in line with such values as freedom of assembly and speech, which are pivotal for the country`s long-term stability and prosperity. Davidson added that his country was ready to support the efforts being made in this area by Azerbaijan.
The Council of Europe and the OSCE have yet to issue their feedback on the proposed constitutional changes.

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