Azerbaijan's Political System: Democracy Or Not?

Azerbaijan is a country with a complex political history and a diverse cultural background. With a population of over 10 million people and a strategic location bordering Russia, Georgia, Armenia, and Iran, Azerbaijan has played a significant role in the region's dynamics. The country gained independence in 1991 following the collapse of the Soviet Union, but the question of whether Azerbaijan is a democracy or not is a highly contested topic. While it has held multiple elections, there have been concerns about the level of political competition, media freedom, and human rights violations. International observers and opposition parties have criticised the country's electoral process, alleging voter fraud and a lack of genuine pluralism. Additionally, there are reports of crackdowns on civil liberties, arrests of political activists, and restrictions on freedom of expression and assembly. This has led to Azerbaijan being labelled as 'not free' by organisations such as Freedom House.

Azerbaijan's democratic history

The ADR's parliament, established in December 1918, was the first democratic parliament in the Eastern Muslim world. During its short existence, the ADR government achieved several notable accomplishments, including the establishment of Baku State University, the country's first modern university. The ADR also pursued a neutral foreign policy, establishing diplomatic relations with several countries and gaining de facto recognition from the Allied Supreme Council in 1920.

However, the ADR's existence was plagued by territorial disputes with neighbouring countries and internal conflicts, particularly between ethnic Azeris and Armenians. In 1920, the country was invaded and incorporated into the Soviet Union as the Azerbaijan Soviet Socialist Republic, bringing an end to the country's brief period of independence and democracy.

Azerbaijan regained its independence in 1991 following the dissolution of the Soviet Union, but its democratic credentials have been questioned in recent years due to accusations of authoritarianism, election fraud, and human rights abuses under the ruling New Azerbaijan Party and the Aliyev family, who have been in power since 1993.

Current political landscape

Azerbaijan is a unitary semi-presidential republic with a strong presidential system and a weak separation of powers. The country is led by President Ilham Aliyev, who took over from his father, Heydar Aliyev, in 2003. The Aliyev family has ruled the country since 1993 and has been accused of authoritarianism and worsening the country's human rights record.

The ruling New Azerbaijan Party has maintained its absolute majority in parliament since the 2005 elections, which were marred by allegations of fraud. The latest parliamentary elections took place in February 2020, with the New Azerbaijan Party retaining its majority.

Azerbaijan's constitution empowers the president to appoint and dismiss the government. The president can also schedule early presidential elections and dissolve parliament under certain conditions. The president's mandate was extended from five to seven years following a constitutional referendum in 2016, which also created two vice-presidential posts.

The country's political and economic system is largely based on a pyramidal web of patronage, with clans, particularly those based on regional origin and the ruling elite, securing their financial and power interests. The Aliyev family stands at the top of the pyramid, ensuring that key positions in all spheres of society are held by like-minded individuals. This has resulted in extensive bureaucracy and corruption, with most ministers buying their jobs and many being directly related to the president.

Opposition parties are allowed but are widely considered to have no real chance of gaining power. The main rival parties boycotted the 2024 presidential election, with one opposition leader calling it an "imitation of democracy". International observers noted the election was "devoid of genuine pluralism", with President Aliyev facing no meaningful challenger.

Azerbaijan has been criticised for its human rights record, with reports of restrictions on freedom of expression and assembly, as well as violations of the right to liberty and a fair trial. The country has also been accused of targeting independent media and journalists, with dozens of political activists and critical journalists arrested on bogus charges.

The Nagorno-Karabakh conflict has been a significant issue in Azerbaijan's political landscape, with the country grappling with the breakaway territory. A military offensive in 2023 ended the Republic of Artsakh and resulted in the flight of Nagorno-Karabakh Armenians.

Presidential power

Azerbaijan is a unitary semi-presidential republic with a president who is the head of state. The president of Azerbaijan has extensive powers and is the embodiment of executive power. The constitution states that the president is the representative of Azerbaijan in home and foreign policies and has the right to immunity from prosecution. The president rules through their executive office, the Presidential Administration, which consists of secretaries and departmental ministers.

The president is responsible for appointing and releasing the first vice-president and vice-presidents of Azerbaijan. They also appoint and release the Prime Minister with the agreement of the Milli Majlis, and appoint and release members of the Cabinet of Ministers. The president can also dismiss the Cabinet of Ministers and preside over meetings when necessary.

The president has the power to call elections to the Milli Majlis, submit the state budget for approval, approve state economic and social programmes, and make decisions regarding the resignation of the Cabinet of Ministers. They can establish central and local executive bodies, repeal resolutions and orders of the Cabinet of Ministers, and make submissions to the Milli Majlis regarding the appointment of judges.

The president is also responsible for signing international interstate contracts and submitting inter-state treaties to the Milli Majlis for ratification. They can call a referendum, sign and publish laws, and settle issues of citizenship and political asylum. Additionally, the president has the authority to grant pardons, confer state awards, and award supreme military and special ranks.

In terms of foreign policy, the president is the plenipotentiary representative of Azerbaijan in official visits and international talks. They receive the credentials of foreign diplomatic representatives, appoint and withdraw the country's diplomatic representatives in foreign countries and international organisations, and sign interstate and intergovernmental treaties.

The president also has significant influence over security matters. They can declare a state of emergency and martial law, declare war and conclude peace with the consent of the Milli Majlis, and form special security services. The president is the supreme commander-in-chief of the Azerbaijani Armed Forces and has the power to declare martial law.

The current president of Azerbaijan is Ilham Aliyev, who took over from his father, Heydar Aliyev, in 2003. Aliyev was re-elected for a fifth consecutive term in February 2024, winning over 92% of the vote. However, international observers noted that he had no meaningful challenger, and the election was criticised as an "imitation of democracy".

Human rights record

Azerbaijan's human rights record has been the subject of international scrutiny and criticism. The country has been accused of violating human rights standards established in international law, with concerns including arbitrary arrests, indefinite detentions, severe beatings, torture, forced disappearances, and restrictions on civil liberties, particularly freedom of expression, assembly, and association.

Freedom of Expression and Assembly

Azerbaijan has been criticised for its treatment of journalists, human rights defenders, and activists, with reports of arrests, violence, and harassment. The media remains severely restricted, and independent media outlets face defamation charges, crippling fines, and intimidation tactics, including imprisonment on fabricated charges. The government has also been accused of using arbitrary denial of registration and restrictions on funding to hinder the work of human rights groups.

Torture and Ill-Treatment

Torture and ill-treatment are reported to be common in police custody, with human rights groups and media outlets documenting credible allegations of torture. Impunity for such practices remains the norm, and the government has been accused of failing to investigate and address these issues.

Discrimination and Violence Against Women and Girls

Women and girls in Azerbaijan continue to face gender-based harassment and violence, including being targeted as instruments of political revenge. The government has been accused of complicity in leaking intimate photos, videos, and personal information of women associated with opposition activists, putting them at risk of violence, including from their own families.

Rights of Minorities

In the context of the Nagorno-Karabakh conflict, hate speech against Armenians is prevalent in the officially sanctioned media, according to Minority Rights Group International. Additionally, peace-building initiatives involving civil society actors are reportedly vilified and sometimes result in physical assaults.

The Lezgin people face discrimination and feel pressured to assimilate into the dominant Azeri identity to avoid economic and educational discrimination. The Talysh people have suffered from long-term deprivation of cultural and educational rights, as well as economic neglect. In the aftermath of the Talysh separatist movement, the Azerbaijani state reportedly mounted a campaign of intimidation and repression against leading Talysh activists.

Freedom of Religion

Azerbaijan's government, which follows a strictly secular and anti-religious ideology, represses all religions. While the country's constitution guarantees freedom of speech, in practice, this does not extend to religious expression. The government censors religious literature, closes down religious institutions, forbids political speech by religious institutions, and does not allow clerics to run for political office.

LGBT Rights

Lesbian, gay, bisexual, and transgender (LGBT) people in Azerbaijan face ill-treatment, extortion, arbitrary detention, and discrimination by state and non-state actors. They are subject to arrest, detention, and fines, and police have been known to use anti-LGBT slurs and force LGBT individuals to take drug tests.

Nagorno-Karabakh conflict

The Nagorno-Karabakh conflict is an ethnic and territorial conflict between Armenia and Azerbaijan over the region of Nagorno-Karabakh, inhabited mostly by ethnic Armenians until 2023, and seven surrounding districts, inhabited mostly by Azerbaijanis until their expulsion during the 1990s.

The conflict escalated into a full-scale war in the early 1990s following the dissolution of the Soviet Union. The war was won by Artsakh and Armenia, and led to the occupation of regions around Soviet-era Nagorno-Karabakh. There were expulsions of ethnic Armenians from Azerbaijan and ethnic Azerbaijanis from Armenia and the Armenian-controlled areas. A ceasefire was signed in 1994 in Bishkek, followed by two decades of relative stability.

Since the bilateral acceptance of a ceasefire in 1994, which formally remained in force until September 2020, the use of attack drones, shelling, and special operations activities by Armenian and Azerbaijani troops have led to intermittent clashes. Early April 2016 witnessed the most intense fighting since 1994, leading to hundreds of casualties along the line of separation. After four days of fighting, the two sides agreed to cease hostilities. However, a breakdown in talks resulted in both sides accusing each other of ceasefire violations, and tensions remained high.

Following a summer of cross-border attacks, heavy fighting broke out along the Azerbaijan-Nagorno-Karabakh border in late September 2020. More than seven thousand soldiers and civilians were killed, with hundreds more Armenian and Azerbaijani soldiers wounded. Both countries initially rejected pressure from the United Nations, the United States, and Russia to hold talks and end hostilities, and instead pledged to continue fighting. Tensions escalated further when both sides switched from cross-border shelling to longer-range artillery and other heavy weaponry. After several failed attempts by Russia, France, and the United States, to negotiate a ceasefire, Russia successfully brokered a deal on November 9, 2020, reinforced by Russian peacekeepers, ending the six-week Second Nagorno-Karabakh War. Azerbaijan reclaimed most of the territory it lost two decades prior, leaving Armenia with only a portion of Karabakh.

Azerbaijan launched an offensive against the breakaway Republic of Artsakh in Nagorno-Karabakh in September 2023, resulting in the dissolution and reintegration of Artsakh on January 1, 2024, and the flight of nearly all ethnic Armenians from the region.

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