DECISION

of Central Election (Referenda) Commission
of the Republic of Azerbaijan

on ending popular vote (referendum) held on March 18, 2009 an declaration of the results

Relevant activities were taken pursuant to legislation by Central Election (Referendum) Commission of the Republic of Azerbaijan (CEC) on the preparation and conduct of popular vote (referendum) appointed to 18 March 2009 related to making amendments and changes to the Constitution of the Republic of Azerbaijan by decision of the Milli Majlis of the Republic of Azerbaijan dated on 26 December 2008. Since the beginnings of the year, voters’ lists on the republic were perfectly compiled, publicized via internet for specification and demonstrated for the voters to be familiarized with in time. The preparation and conduct processes of referendum were held systematically, well-organized and according to the Calendar Plan approved by the CEC. These works also involved various bodies of electoral organizers on the republic on determination along with the international agencies and with their suggestion.
After the adoption of the draft of Referendum Act “on making amendments and changes to the Constitution of the Republic of Azerbaijan” by the Milli Majlis of the Republic of Azerbaijan on 26 December 2009, a number of activities were taken in the direction of voters’ education and explanation of the essence of the suggested amendments to the citizens.
Draft of the Referendum Act was published in official papers (“Azerbayjan”, “Khalg gazeti”, “Respublika”, “Bakinski rabochi”) and posted on web-sites of the Milli Majlis and Central Election Commission (CEC). In accordance with the draft, the comparative presentation of the parts of the Constitution of the Republic of Azerbaijan which have been put in popular vote was prepared by considering the number of the voters and delivered to nearly 5 million citizens via lower election commissions. The wishing people were provided with the relevant facilities to get these documents.
Draft of the Referendum Act and the comparative presentation prepared by the CEC were also published like posters and disseminated within the all existing Constituency and Precinct Election Commissions (Con.ECs and PECs) by being hung in well-seen areas for the voters to be familiarized with.
Samples of the referendum ballot papers were published in Azerbaijani and Rusian languages in official papers, the attention of the voters were drawn to them in relevant areas by being prepared like posters.
Information on calling to referendum, the date of conducting referendum and voting rules were published like posters and hung in densely-populated areas by being published like posters in 28 types. Some of the educating materials, as well as one of 4 advertising series demonstrated in TV channels were prepared by International Foundation for Election Systems (IFES) and the USA Agency of International Development (USAID).
Members of the CEC and officials of Secretariat conducted wide education works related to referendum process and voting procedures. On this occasion, approximately 100 speeches were made in TV and radio, more than 120 articles were published in press, a number of instructions, rules, comments, guides and other normative acts were adopted by the CEC, they were publicized via press and internet, the interested subjects were provided with possibilities to attain them. Various conferences, seminar-conferences and trainings were conducted which covered more than 31 thousands of members, specialists of the election commissions on the republic and relevant constituencies.
Executive Apparatus of the President of the Republic of Azerbaijan, CEC and OSCE Baku office conducted regional information sessions on the prevention of interference in referendum process in Baku, Ganja and Shirvan with the participation of the heads of all executive authorities and chairmen of Con.ECs.
After the appointment of referendum, 9 campaign groups which embodied more than 600 thousands of citizens having active suffrage were registered at the CEC and 124 campaign groups at Con.ECs to conduct campaign for or against the issues put in referendum. Registration of the campaign groups which involved different layers of the republic popularity by the CEC and Con.ECs played important role in broad and comprehensive discussion of the Referendum Act. They were equally facilitated to campaign for or against the issues put in referendum and pre-referendum campaign was conducted under civilized ad modern conditions.
Pursuant to Article 80.1, the referendum campaign groups registered by the CEC enjoyed the right to obtain free airtime in channels of Public TV and Radio Broadcasting Company. In this regard, the Company allocated free airtime for 3 hours, with 90 minutes in TV and 90 minutes in radio for campaign groups. On the day of commencing campaign – on 18 February 2009, lottery was conducted in the aim of equally allocating free airtime among 9 campaign groups. According to the results of the lottery, in radio on Wednesday and in TV on Saturday of every week, round tables were organized for explaining the draft of Referendum Act to the voters. All campaign groups fully used the allocated airtime during 4 weeks.
“Azerbayjan”, “Khalg gazeti”, “Respublika” and “Bakinski rabochi” papers allocated space for the campaign groups registered by the CEC to publish their materials freely providing that the weekly publication space not to be less than 10 %. During the campaign, all referendum subjects fully used these possibilities, too.
Each of 9 campaign groups registered by the CEC were allocated 23.300 manats by the state budget to conduct pre-referendum campaign. The campaign groups which used this money could locate their campaign materials in mass media on the paid bases.
In general, mass media gave much importance to the discussion of the draft of Referendum Act, provided a number of comments on the suggested amendments and changes to the Constitution of the Republic of Azerbaijan, published expert opinions and the ideas of the population representatives.
Campaign groups prepared nearly 180 thousands posters and 400 thousands other publication materials calling the voters to vote for or against the amendments and changes to the Constitution, disseminated them in the selected places within the all Con.ECs and PECs by hanging or in other ways.
Pursuant to Election Code of the Republic of Azerbaijan and Law “on freedom of free assembly”, referendum campaign groups were allocated 4543 venues  in total with 2478 open and 2065 closed ones in cities and regions of the republic to conduct meetings with the voters. During campaign, referendum subjects conducted nearly 7 thousands meetings with citizens in these areas.
During pre-referendum campaign, campaign groups embodied more than 4 million voters by making speeches in TV, radio and press, disseminating posters and other publication materials, conducting mass activities, as well as meetings with the voters and discussions.
The campaign process which commenced on 18 February 2009 lasted for 27 days and ended on 17 March. Initial scrutiny proves that this stage has been sufficiently used, broad works have been implemented in the direction of voters’ education and comprehensive explanation of the issues put in referendum to the citizens.
All necessary activities were taken for the conduct of the voting on sufficient level, election (referendum) precincts were supplied with sufficient rooms and ballot boxes. The voting was conducted with high activity, by 70,83% turnout. The voting process was conducted with the observation of more than 47.000 local observers, as well as 177 representatives of nearly 30 influential international organizations from approximately 25 countries, representatives of 10 high-ranking international mass media and a number of local mass media, by following via web-cameras in 10% of election (referendum) precincts within the country territory and under free, fair, transparent and open conditions, the voting results were publicized by the CEC on this day and in general, the returns were defined, made official and publicized in time.
After ending the voting process, CEC received an appeal and the appeal was investigated in the case defined by law.
To end referendum, the voting results on election (referendum) precincts were defined and submitted to the CEC in the period defined by law, CEC compiled Protocol on referendum results by conducting relevant investigation related on this.
As more than the half of the voters who participated in the voting voted in favor of each of 29 parts of the Referendum Act put in popular vote (referendum), the draft shall be adopted.
The CEC Protocol on the results of popular vote (referendum) held on 18 March 2009 shall be approved, referendum shall be ended and by declaring referendum returns, the text of the act adopted through referendum shall be published.
Pursuant to Articles 138 and 140 of Election Code of the Republic of Azerbaijan, CEC ends referendum not later than 25 days after referendum, declares official referendum returns and publishes the text of the act adopted through referendum.
Taking the above-mentioned as a basis, pursuant to Articles 19.4, 19.14, 28.2, 28.4, 138, 140 of Election Code of the Republic of Azerbaijan, CEC decides:

1.The CEC Protocol on the results of popular vote (referendum) held on 18 March 2009 shall be approved and referendum shall be ended.

2.Popular vote (referendum) shall be regarded valid and the draft of Referendum Act on making amendments and changes to the Constitution of the Republic of Azerbaijan shall be adopted.

3.By declaring referendum returns, the text of the act adopted through referendum shall be published.

4.Decision shall be enforced since the day of its adoption.

CEC Chairman                                                                            Mazahir Panahov

CEC Deputy Chairman                                                             Svetlana Gasimova

CEC Secretary                                                                            Natig Mammadov

CEC Commissioners:

Fuad Javadov                                                                 

Ramiz Ibrahimov

Valida Kazimova

Gabil Orujov

Tofig Hasanov

Ilham Mammadov

Nizami Nadirov

Azer Taghiyev

Tamam Jafarova

Rovshan Ismayilov

Oktay Humbatli

DECISION

of Central Election (Referenda) Commission
of the Republic of Azerbaijan

on ending popular vote (referendum) held on March 18, 2009 an declaration of the results

Relevant activities were taken pursuant to legislation by Central Election (Referendum) Commission of the Republic of Azerbaijan (CEC) on the preparation and conduct of popular vote (referendum) appointed to 18 March 2009 related to making amendments and changes to the Constitution of the Republic of Azerbaijan by decision of the Milli Majlis of the Republic of Azerbaijan dated on 26 December 2008. Since the beginnings of the year, voters’ lists on the republic were perfectly compiled, publicized via internet for specification and demonstrated for the voters to be familiarized with in time. The preparation and conduct processes of referendum were held systematically, well-organized and according to the Calendar Plan approved by the CEC. These works also involved various bodies of electoral organizers on the republic on determination along with the international agencies and with their suggestion.
After the adoption of the draft of Referendum Act “on making amendments and changes to the Constitution of the Republic of Azerbaijan” by the Milli Majlis of the Republic of Azerbaijan on 26 December 2009, a number of activities were taken in the direction of voters’ education and explanation of the essence of the suggested amendments to the citizens.
Draft of the Referendum Act was published in official papers (“Azerbayjan”, “Khalg gazeti”, “Respublika”, “Bakinski rabochi”) and posted on web-sites of the Milli Majlis and Central Election Commission (CEC). In accordance with the draft, the comparative presentation of the parts of the Constitution of the Republic of Azerbaijan which have been put in popular vote was prepared by considering the number of the voters and delivered to nearly 5 million citizens via lower election commissions. The wishing people were provided with the relevant facilities to get these documents.
Draft of the Referendum Act and the comparative presentation prepared by the CEC were also published like posters and disseminated within the all existing Constituency and Precinct Election Commissions (Con.ECs and PECs) by being hung in well-seen areas for the voters to be familiarized with.
Samples of the referendum ballot papers were published in Azerbaijani and Rusian languages in official papers, the attention of the voters were drawn to them in relevant areas by being prepared like posters.
Information on calling to referendum, the date of conducting referendum and voting rules were published like posters and hung in densely-populated areas by being published like posters in 28 types. Some of the educating materials, as well as one of 4 advertising series demonstrated in TV channels were prepared by International Foundation for Election Systems (IFES) and the USA Agency of International Development (USAID).
Members of the CEC and officials of Secretariat conducted wide education works related to referendum process and voting procedures. On this occasion, approximately 100 speeches were made in TV and radio, more than 120 articles were published in press, a number of instructions, rules, comments, guides and other normative acts were adopted by the CEC, they were publicized via press and internet, the interested subjects were provided with possibilities to attain them. Various conferences, seminar-conferences and trainings were conducted which covered more than 31 thousands of members, specialists of the election commissions on the republic and relevant constituencies.
Executive Apparatus of the President of the Republic of Azerbaijan, CEC and OSCE Baku office conducted regional information sessions on the prevention of interference in referendum process in Baku, Ganja and Shirvan with the participation of the heads of all executive authorities and chairmen of Con.ECs.
After the appointment of referendum, 9 campaign groups which embodied more than 600 thousands of citizens having active suffrage were registered at the CEC and 124 campaign groups at Con.ECs to conduct campaign for or against the issues put in referendum. Registration of the campaign groups which involved different layers of the republic popularity by the CEC and Con.ECs played important role in broad and comprehensive discussion of the Referendum Act. They were equally facilitated to campaign for or against the issues put in referendum and pre-referendum campaign was conducted under civilized ad modern conditions.
Pursuant to Article 80.1, the referendum campaign groups registered by the CEC enjoyed the right to obtain free airtime in channels of Public TV and Radio Broadcasting Company. In this regard, the Company allocated free airtime for 3 hours, with 90 minutes in TV and 90 minutes in radio for campaign groups. On the day of commencing campaign – on 18 February 2009, lottery was conducted in the aim of equally allocating free airtime among 9 campaign groups. According to the results of the lottery, in radio on Wednesday and in TV on Saturday of every week, round tables were organized for explaining the draft of Referendum Act to the voters. All campaign groups fully used the allocated airtime during 4 weeks.
“Azerbayjan”, “Khalg gazeti”, “Respublika” and “Bakinski rabochi” papers allocated space for the campaign groups registered by the CEC to publish their materials freely providing that the weekly publication space not to be less than 10 %. During the campaign, all referendum subjects fully used these possibilities, too.
Each of 9 campaign groups registered by the CEC were allocated 23.300 manats by the state budget to conduct pre-referendum campaign. The campaign groups which used this money could locate their campaign materials in mass media on the paid bases.
In general, mass media gave much importance to the discussion of the draft of Referendum Act, provided a number of comments on the suggested amendments and changes to the Constitution of the Republic of Azerbaijan, published expert opinions and the ideas of the population representatives.
Campaign groups prepared nearly 180 thousands posters and 400 thousands other publication materials calling the voters to vote for or against the amendments and changes to the Constitution, disseminated them in the selected places within the all Con.ECs and PECs by hanging or in other ways.
Pursuant to Election Code of the Republic of Azerbaijan and Law “on freedom of free assembly”, referendum campaign groups were allocated 4543 venues  in total with 2478 open and 2065 closed ones in cities and regions of the republic to conduct meetings with the voters. During campaign, referendum subjects conducted nearly 7 thousands meetings with citizens in these areas.
During pre-referendum campaign, campaign groups embodied more than 4 million voters by making speeches in TV, radio and press, disseminating posters and other publication materials, conducting mass activities, as well as meetings with the voters and discussions.
The campaign process which commenced on 18 February 2009 lasted for 27 days and ended on 17 March. Initial scrutiny proves that this stage has been sufficiently used, broad works have been implemented in the direction of voters’ education and comprehensive explanation of the issues put in referendum to the citizens.
All necessary activities were taken for the conduct of the voting on sufficient level, election (referendum) precincts were supplied with sufficient rooms and ballot boxes. The voting was conducted with high activity, by 70,83% turnout. The voting process was conducted with the observation of more than 47.000 local observers, as well as 177 representatives of nearly 30 influential international organizations from approximately 25 countries, representatives of 10 high-ranking international mass media and a number of local mass media, by following via web-cameras in 10% of election (referendum) precincts within the country territory and under free, fair, transparent and open conditions, the voting results were publicized by the CEC on this day and in general, the returns were defined, made official and publicized in time.
After ending the voting process, CEC received an appeal and the appeal was investigated in the case defined by law.
To end referendum, the voting results on election (referendum) precincts were defined and submitted to the CEC in the period defined by law, CEC compiled Protocol on referendum results by conducting relevant investigation related on this.
As more than the half of the voters who participated in the voting voted in favor of each of 29 parts of the Referendum Act put in popular vote (referendum), the draft shall be adopted.
The CEC Protocol on the results of popular vote (referendum) held on 18 March 2009 shall be approved, referendum shall be ended and by declaring referendum returns, the text of the act adopted through referendum shall be published.
Pursuant to Articles 138 and 140 of Election Code of the Republic of Azerbaijan, CEC ends referendum not later than 25 days after referendum, declares official referendum returns and publishes the text of the act adopted through referendum.
Taking the above-mentioned as a basis, pursuant to Articles 19.4, 19.14, 28.2, 28.4, 138, 140 of Election Code of the Republic of Azerbaijan, CEC decides:

1.The CEC Protocol on the results of popular vote (referendum) held on 18 March 2009 shall be approved and referendum shall be ended.

2.Popular vote (referendum) shall be regarded valid and the draft of Referendum Act on making amendments and changes to the Constitution of the Republic of Azerbaijan shall be adopted.

3.By declaring referendum returns, the text of the act adopted through referendum shall be published.

4.Decision shall be enforced since the day of its adoption.

CEC Chairman                                                                            Mazahir Panahov

CEC Deputy Chairman                                                             Svetlana Gasimova

CEC Secretary                                                                            Natig Mammadov

CEC Commissioners:

Fuad Javadov                                                                 

Ramiz Ibrahimov

Valida Kazimova

Gabil Orujov

Tofig Hasanov

Ilham Mammadov

Nizami Nadirov

Azer Taghiyev

Tamam Jafarova

Rovshan Ismayilov

Oktay Humbatli