Electoral Repression in Azerbaijan: Systemic Violations of Freedom of Association
Submission of the Campaign to End Repression in Azerbaijan to
the United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association.
The Campaign to End Repression in Azerbaijan welcomes the opportunity to provide relevant information to the United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association for her thematic report: “Reflections on the ‘super election’ year and its global impact on the protection of the rights to freedom of peaceful assembly and as-sociation and for ensuring effective and inclusive public participation” to be presented to the 59th session of the United Nations Human Rights Council.
The present submission focuses on the exercise of freedom of association in the context of elec-tions in Azerbaijan, and examines the correla-tion between elections and the levels of repres-sion and suppression of fundamental freedoms through restrictive legislation.
Two elections were held in Azerbaijan in 2024:
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- Presidential elections on 7 February 2024. Originally foreseen for October 2025, incubant President Aliyev called for an early election in December 2023;
- Parliamentary elections on 1 September 2024. Originally scheduled to take place in November 2024, they were brought forward after parliament was dissolved by President Aliyev in June 2024.
The Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe (OSCE/ODIHR), which monitored both elections, concluded that both of them were free or fair, falling short of international standards.
Regarding the presidential election, the election observation mission noted that it “took place in a restrictive environment, … marked by the stifling of critical voices and the absence of political alternatives. The incumbent was not meaningfully challenged, and this, combined with the shrinking space for independent media, civil society, and political parties, and strengthened powers of incumbency, resulted in a contest devoid of genuine pluralism.”[ And in September 2024, in its preliminary findings on the parliamentary elections, the observation mission noted that “against the background of continued repression of dissenting voices, the campaign was barely visible, and efforts were not made to engage citizens or enable them to participate without fear of retribution.”
These elections took place in the context of an unprecedented level of repression, targeting and imprisoning those who criticise or oppose the government, in particular human rights defenders, lawyers, journalists, media actors and civic and political activists.
The Ministry of Internal Affairs of Azerbaijan did not hide its intentions in regard to the right to peaceful assembly in the context of elections; in a statement made on 10 July 2024, the Ministry informed of “severe measures” to be taken against participants of potential protests on the eve of snap parliamentary elections. In a general context in which the right to peaceful assembly is effectively banned for groups outside of the government’s control, this statement by the Ministry had a further chilling effect on any attempts to protest.
The successive crackdowns were preceded by the introduction of more stringent amendments to the already restrictive laws governing the right to fundamental freedoms. These also coincided with periods prior or following elections, none of which had been considered free or fair by OSCE/ODIHR.
About the United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association
In October 2010, the UN Human Rights Council established the mandate of the Special Rapporteur on the rights to freedom of peaceful assembly and of association. The current Special Rapporteur is Gina Romero.
The Rapporteur is mandated to inter alia gather all relevant information, including national practices and experiences, relating to the promotion and protection of the rights to freedom of peaceful assembly and of association, to study trends, developments and challenges in relation to the exercise of these rights, and to make recommendations on ways and means to ensure the promotion and protection of the rights to freedom of peaceful assembly and of association in all their manifestations.
For her next report, the Rapporteur will examine the global impact and emerging challenges on the exercise and protection of these rights in the context of the “super election” year (2024).
In October 2013, the first mandate-holder, Maina Kiai, reported to the UN General Assembly on the enjoyment of and threats against freedoms of assembly and expression in the context of elections.
Anar Mammadli‘s case, with his first arrest in 2013 and is second arrest in April 2024, is emblematic of the repression in the electoral context in Azerbaijan, as we document in our submission. Anar Mammadli was instrumental in developing the Special Rapporteur’s 2013 report, as we highlight in our submission.