Azerbaijan is not an electoral democracy. The countrys constitution provides for a strong presidency, and the parliament,
the 125-member Milli Majlis, exercises little or no independence from the executive branch. The president and members
of parliament serve five-year terms. While presidents are currently subject to a two-term limit, a constitutional change approved
by the parliament in December 2008 would lift that barrier if finalized in a referendum, expected to be held in 2009.
Elections since the early 1990s have been considered neither free nor fair by international observers.
The most recent parliamentary elections, in 2005, were afflicted by extensive irregularities. The OSCEs Office for Democratic
Institutions and Human Rights (ODIHR) cited the interference of local authorities, disproportionate use of force to thwart
rallies, arbitrary detentions, restrictive interpretations of campaign provisions and an unbalanced composition of election
commissions.
The 2008 presidential election, though largely peaceful, was no exception to this pattern. A joint statement from
the OSCE, the Parliamentary Assembly of the Council of Europe (PACE), and the European Parliament observed that the poll did
not reflect all the principles of a meaningful and pluralistic democratic election. The OSCEs monitoring report noted a number
of problems, including a lack of robust competition, a lack of vibrant political discourse, and a restrictive media environment.
President Ilham Aliyev said he would not campaign personally, but he reportedly stepped up his official activities and opened
a number of infrastructure projects during the campaign period, garnering extensive coverage from the biased media. The OSCE
also noted that public officials and YAP operatives worked cooperatively to mobilize support and increase turnout.
Corruption is rampant, and by many accounts it has grown as wealth from the countrys massive oil exports creates
even greater opportunities for graft. Given the weakness and dependence of critical institutions, government officials are
rarely held accountable for corrupt practices. Azerbaijan was ranked 158 out of 180 countries surveyed in Transparency
Internationals 2008 Corruption Perceptions Index. A freedom of information law was enacted in 2005, but the government has
taken little action to implement its provisions and increase transparency at public institutions.
Though Azerbaijans constitution guarantees freedom of speech and the press, the authorities severely limit press freedom
in practice. Broadcast media are the main source of information for the vast majority of the population, and privately owned
television stations with national reach generally reflect progovernment views. While there is some pluralism in the print
media, newspapers have relatively small print runs, are not distributed regularly in rural areas, and are frequently too expensive
for many people to purchase. Independent and opposition newspapers struggle financially in the face of low circulation, limited
advertising revenues, and heavy fines or imprisonment of their staff. State-owned companies rarely if ever advertise in opposition
newspapers. Journalists are threatened and assaulted with impunity, and five reporters and editors remained behind bars in
2008, according to the Committee to Protect Journalists, with charges ranging from libel and defamation to tax evasion and
drug trafficking. Among those imprisoned were Eynulla Fatullayev, Sakit Zakhidov, and Genimet Zakhidov. The government does
not typically restrict internet access, but it has repeatedly blocked some websites featuring opposition views.
The ruling YAPs dominance of mass media gave it an overwhelming advantage in the 2008 election campaign. The OSCE found
that most television stations displayed a clear bias in favor of the incumbent, noting that even one of the better performers,
public broadcaster ITV, gave Aliyev three times as much coverage as all six challengers combined. State-funded AzTV reportedly
devoted 94 percent of its political and election coverage to the ruling authorities.
In November 2008, the authorities announced their intention to discontinue local radio broadcasts of key international
news services, including the British Broadcasting Corporation (BBC), Radio Free Europe/Radio Liberty (RFE/RL), and Voice of
America. The National Television and Radio Council indicated that international broadcasts on frequencies controlled by the
government would no longer be permitted as of 2009.
The government restricts the activities of nontraditional minority religious groups through burdensome registration
requirements and interference in the importation and distribution of printed religious materials. Islam, Russian Orthodox
Christianity, and Judaism are considered traditional religions, and their adherents can for the most part worship freely.
The authorities generally do not restrict academic freedom. However, some faculty and students have experienced
political pressure, including reported threats to lower the grades of students who participate in opposition political activity.
Some professors and teachers have said they were dismissed because of their membership in opposition parties or for political
activity during campaign periods.
The government restricts freedom of assembly, especially for opposition parties. Registration with the Ministry of Justice
is required for a nongovernmental organization (NGO) to function as a legal entity, and the registration process has
been described as cumbersome and nontransparent. Although the law permits the formation of trade unions and the right
to strike, the majority of trade unions remain closely affiliated with the government, and most major industries are state
owned.
The judiciary is corrupt, inefficient, and subservient to the executive branch. Arbitrary arrest and detention are
common, particularly for members of the political opposition. Detainees are often held for long periods before trial, and
their access to lawyers is restricted. Police abuse of suspects during arrest and interrogation reportedly remains commonplace,
with torture sometimes used to extract confessions. Prison conditions are severe, with many inmates suffering from overcrowding
and inadequate medical care.
Some members of ethnic minority groups, including the small ethnic Armenian population, have complained of discrimination
in areas including education, employment, and housing. Hundreds of thousands of ethnic Azeris who were displaced by the war
in Nagorno-Karabakh in the early 1990s remain in Azerbaijan, often living in dreadful conditions.
Significant parts of the economy are controlled by a corrupt elite, which severely limits equality of opportunity. Supporters
of the political opposition face job discrimination, demotion, and dismissal.
Traditional societal norms and poor economic conditions restrict womens professional roles. Domestic violence is a problem,
and there are no laws regarding spousal abuse. The country is believed to be a country of origin and a transit point for the
trafficking of women for prostitution. A 2005 law criminalized human trafficking, but the U.S. State Departments 2008 Trafficking
in Persons Report placed Azerbaijan on its Tier 2 Watch List, citing a decline in enforcement and other shortcomings.