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1. How to be?  

 

Third Republican Platform's vision for overall governance

 

We believe that the modern state of Azerbaijan as the successor to the Azerbaijan People's Republic needs to switch to the model of classic parliamentary republic. For this purpose, a new constitution should be adopted. The philosophy of general government in the constitution should be counter-centralization (decentralization) by nature, the concept of "local self-government" should be reflected in the supreme law, the powers of elected local self-government bodies and locally appointed central government bodies should be clearly defined. The local representation of the central government should have the function of controlling the implementation of the legislation and its competence should be limited to tackling matters that go beyond the socio-economic framework.


The country’s administrative-territorial structure should be based on the provincial division (13, 14, 15, etc.), districts and townships should be subordinated to these provinces with the exception of large urban units. The provincial administration shall consist of the Provincial Assembly and Head of the Province formed through local elections. The central government shall appoint a representative to each province. The law enforcement and prosecutorial system in the provinces shall be shaped by the central government. The police force, responsible for ensuring public order in a province (with no authority to investigate and prosecute crimes), shall remain subordinate to the elected provincial administration.


A local self-government at the local level (both provincial and individual rural, urban and district levels) should have the main authority in solving problems related to the socio-economic sphere. According to the requirements of the European Charter of Local Self-Government, powers given to local authorities shall normally be full and exclusive, i.e. shall not be transferred to another authority in parallel. The necessary financial resources should be provided for the adequate exercise of each of the powers, with considerable portion of these resources to be formed from local taxes and the rest from central budget transfers.


A two-tier municipal system should be applied in local self-government. The first tier should be urban and rural municipalities, and the second tier should be provincial municipalities. Villages should be part of a rayon (district) municipality. (The model currently used in Georgia.) In this case, an active executive body of the district administration of the municipality shall be created for each rural settlement, a representative of each village shall be elected to the district municipality based on a quota, ensuring discussions on village problems and making the required budget available to the village in the district Municipal Council. The budget of rural municipalities shall be determined by the district Municipal Councils, while the budget of district municipalities by the provincial Municipal Council.


In areas with populations of less than 100,000 throughout the country, a district administrative-territorial unit shall not be created; such districts shall be merged. In addition, autonomous and unitary administrations of the municipality shall be created in each city of republican subordination.


 

Good Governance

Our Vision of Governance

 

Historical experience shows that the development of each society depends directly on the existence of a good governance system. The concept of good governance, found in the governance programs of political elites in the late 20th century, expresses the political, economic, social order in which there is representation, participation and control in public administration, effective civil society institutions, the rule of law and man-centeredness/ centralism in public administration, transparency, accountability, quality and ethical rules in political and economic management/governance.

According to the Third Republican Platform, good governance is a form of central and local government shaped through electoral democracy within the state based on the republican model, building its activities on the principles of transparency and accountability. This vision of governance, guided by respect for human rights, includes the rule of law, the independence of courts, free and fearless participation of citizens in social and political processes and the right of everyone to achieve prosperity.

Good governance means respecting human rights and the rule of law, strengthening democracy, promoting transparency and capacities in public administration.

This can be achieved through the following principles; 

  • Participation - People can freely express their opinions through legal organizations or representatives.
  • Equality and development - People shall have opportunities to improve or maintain their well-being. 
  • The rule of law - Impartiality of the legal framework.
  • Accountability - Public institutions, the private sector and non-governmental organizations shall be accountable to stakeholders.

Transparency - Information shall be open, understandable and traceable.

Sensitivity - Governance shall serve all stakeholders.

 

In central government:

  • Citizens are at the center of social activity and participate in public life in all legitimate ways.
  • Everyone has a voice in decision-making, either directly or through legal intermediaries (representatives) who represent their interests. Such broad participation is based on the freedoms of expression, assembly and association.
  • All voices are heard, including those of the less privileged and of vulnerable groups (ethnic, gender, religious, cultural and other minorities). 
  • Decisions are made according to the will of the majority, while respecting the rights and legitimate interests of the minority. 
  • The goals, objectives and the rules, as well as structures, procedures established to achieve them are adjusted to the legitimate expectations and needs of citizens.
  • The public services provided respond to demands and complaints within a reasonable timeframe.
  • Administrative rules are adopted in accordance with the rule of law, implemented in a qualitative manner and applied impartially.
  • All information that is not classified for reasons established by law (except for state secrets, protection of confidentiality of personal data or commercial secrets) is accessible to the public.
  • Effective measures are in place to prevent and combat all types of corruption.
  • The principle of conflict of interest is strictly preserved; nepotism in management is unacceptable.

Representing the family affiliation in political leadership and the inadmissibility of commercial activities at the cost of state resources are the principle vision of our organization. We believe that nepotism in public administration, family representation in political leadership and illegal entrepreneurship formed at the expense of state resources are the biggest obstacles to the development of Azerbaijan.

  • To achieve better outcomes and sustainable development, the socio-political environment shall always be favorable.
  • The needs of future generations should be taken into account in long-term governance goals, respect for human rights shall be a fundamental principle of central and local governance and discrimination shall not be tolerated at any level.
  • Cultural diversity shall be recognized as a public good and a profound practical law environment shall be created for the social integration of each person's ethnic, religious, gender and cultural backgrounds and other differences.
  • Access to all public services shall be equal for everyone. In particular, the right of access to services for low-income groups shall be protected more carefully. 
  • The openness of collective (for example, acts of parliament) and directive (for example, government decrees and orders) draft decisions/bills and regulations to individual and public questioning shall be ensured.
  • There shall be effective legal ways and a real working mechanism against the consequences of governance that violate cultural and political rights.

 

In local self-government:

  • Local elections are held freely, transparently and fairly in accordance with international standards and national legislation.
  • The status and jurisdiction of local self-government will be ensured under constitutional guarantees. The law on municipalities shall be harmonized with the European Charter of Local Self-Government.
  • Urban municipalities shall be formed and mayor’s institutes shall be established.
  • The institution of local executive power should be abolished and its powers should be transferred to the body of local self-government (urban municipalities).


2. How is it right now?


What to change? 

 

To change bad governance (current governance)

Azerbaijan is currently ruled by a strict authoritarian regime. In our country’s political, legal and economic system, we can see the main signs of bad governance on all criteria.

Manifestations of bad governance:

  • Weakness of public influence on governance;
  • Total police (state) control;
  • Irrelevance of public opinion;
  • Government involvement in corruption;
  • Bribery in the lower governance;
  • Lack of transparency in budget expenditures;
  • Failure of enforcement of laws;
  • Protection of courts the interests of a small group connected to the political system rather than the justice or their acting in corrupt interests. 

 

From this brief comparison, it can be seen that such governance does not create an opportunity to protect the civil, political and social rights of the people.

We want to change this situation!




3. How to change it? 

 

In order to achieve good governance, a legal-political framework (model) shall be created, including the following mechanisms:


  • Illegal interventions in political, economic and legal spheres are unacceptable;
  • A strong civil society shall be formed;
  • The government shall achieve transparency and accountability in its activities;
  • A system of indicators shall be introduced to measure the effectiveness of government activity; 
  • Public disclosure of income and property declarations of officials and their close relatives shall be ensured annually;
  • Unlimited access to public information shall be provided;
  • It is necessary to adopt a law on the conflict of interest to provide for the prevention of nepotism; 
  • A framework document (normative legal act) regulating the organization of state structures and relations between them shall be prepared;
  • Competitiveness, transparency and accountability shall be ensured in public procurement;
  • A result-based budgeting mechanism shall be introduced to ensure the efficient use of public funds;
  • Corporate governance in public enterprises shall be ensured with the participation of independent and professional managers; 
  • Requirements for transparency and accountability of public enterprises shall be strengthened;
  • The solution of local and socio-economic problems by the central government shall be entrusted to local self-government bodies with broad and exclusive powers;
  • The participation of interest groups in making decisions affecting the direct interests of citizens shall be ensured; 
  • A legal framework shall be established to ensure public participation and the effectiveness of control.

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