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Venice Commission and ODIHR Express Concerns Over Azerbaijan's New Law On Political Parties

The Venice Commission of the Council of Europe and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) have issued a joint opinion on Azerbaijan's new "Law On Political Parties". The opinion expresses serious concerns over several problematic provisions in the law that could potentially have a chilling effect on pluralism in the country.

According to the joint opinion, the new law increases the minimum number of party members from 1,000 to 5,000, requires already registered political parties to re-register, and creates a lengthy and cumbersome procedure for the establishment and registration of political parties. Additionally, political party activities are banned without state registration, internal party structures are over-regulated, and the Ministry of Justice is given excessive control over party activities and membership lists. Finally, the law allows for the suspension and dissolution of political parties for actions that do not involve serious violations of legal acts.

The Venice Commission and ODIHR have reminded Azerbaijan that the right to freedom of association and freedom of expression are fundamental to the functioning of a democratic society. Political parties, as collective instruments of political expression, should be able to fully enjoy such rights. The two organizations suggest measures to facilitate the creation and registration of political parties, including a return to the original number of members required for state registration, and revising the formula for allocation of public funding.

The new law has been fiercely criticized by opposition parties since its adoption late last year and signing by the President on 11 January 2023. The Venice Commission and ODIHR urge the authorities to address the concerns raised in their joint opinion.