Experts of the Committee on the Elimination of Racial Discrimination Commend Azerbaijan on its Regional Legal Counselling Centres, Ask Questions about the Conflict in the Nagorno-Karabakh Region and the Baku Multiculturalism Centre
The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined tenth to twelfth periodic report of Azerbaijan, with Committee Experts commending the State on establishing regional legal counselling centres and asking questions about the conflict in the Nagorno-Karabakh region and the Baku Multiculturalism Centre.
A Committee Expert commended Azerbaijan on the establishment of 10 regional legal counselling centres, which were a positive development. Chinsung Chung, Committee Expert and Country Rapporteur, noted that there had been long conflicts in Nagorno-Karabakh region since the beginning of the 1990s. Had Azerbaijan taken measures to promptly and impartially investigate all human rights violations committed, especially during the 2020 conflict? Were perpetrators punished and redress provided to victims? The Committee had also received reports on human rights violations by the army of Azerbaijan against civilians and prisoners of war. What measures were in place to investigate these allegations?
A Committee Expert was impressed by the Baku Multicultural Centre and the work which had been done. It deserved a great amount of praise. What were the functions of the multicultural centre in Baku? Perhaps such a centre should produce drafts for guidelines for social integration for the various minorities? What thinking was underway to develop the centre?
The delegation of Azerbaijan said Nagorno-Karabakh was the historic name of the region. Since July 2021, this area was referred to as the Karabakh economic zone. Following the 44-day war in 2020, more than 80 criminal cases had been carried out against Azerbaijani citizens by the Armenian military. These included deaths due to landmines, shelling, the destruction of cultural heritage, the illegal involvement of armed groups and the participation of military operations. Eleven criminal cases had been initiated against Azerbaijani military personnel for grossly violating human rights and committing crimes. However, Armenia had failed to make any efforts to prosecute war crimes affecting Azerbaijanis that were perpetuated by Armenian military forces.
The Baku Centre for Multiculturalism was unique and stood to be the flagship, not only in the region but beyond. The centre was established in 2014 and was a legal entity which presented the Azerbaijan multiculturalism model to the world. In performing the duties set out in its power, the centre cooperated with State and local governments and international organizations. It had implemented several projects, including working with ethnic minority communities. The winter and summer school’ programmes, held at prestigious Azerbaijani educational facilities, gave young people the opportunity to see for themselves the value of multiculturalism and tolerance.
Elnur Mammadov, Deputy Minister of Foreign Affairs of Azerbaijan and head of the delegation, said that Azerbaijan was a multi-ethnic country, party to more than 50 international instruments which constituted an integral part of national legislation. More than 50 ethnic and religious groups lived in Azerbaijan and preserved their identity. A comprehensive anti-discrimination draft law was currently being prepared, as per the Committee’s recommendation. The major obstacle for the implementation of the Convention had been Armenia’s decades-long occupation of Azerbaijani territories, as recognised by the European Court of Human Rights in 2015. Accordingly, Azerbaijan was unable to implement its obligations under the Convention or prevent violations of the Convention in those territories during that period.
In concluding remarks, Chinsung Chung, Committee Expert and Country Rapporteur, thanked the delegation for the fruitful constructive dialogue. It was hopeful that the process, including through the implementation of the concluding observations, could contribute to the improvement of the human rights situation in Azerbaijan. Addressing racial discrimination concerns in Azerbaijan would also benefit in general the reconciliation in Karabakh.
Mr. Mammadov thanked the Committee for the fruitful and constructive dialogue. Azerbaijan was a proud multi-ethnic country and the Government placed great importance on upholding the principles of the Convention. The State was committed to supporting sustainable peace in the region and hoped it would lead to the ability to fully implement the Convention across all Azerbaijani territories.
The delegation of Azerbaijan consisted of representatives of the Ministry of Foreign Affairs; the Ministry of Internal Affairs; the Ministry of Labour and Social Protection of the Population; the Ministry of Education and Science; the Ministry of Culture; the Ministry of Economy; the Ministry of Health; the State Committee on Religious Associations; the State Commission on Prisoners of War, Shortages and Missing Persons; the Prosecutor General’s Office; the State Security Service; and the Permanent Mission of Azerbaijan to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Azerbaijan at the end of its one hundred and seventh session, which concludes on 30 August. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s one hundred and seventh session and other documents related to the session can be found here.
The Committee will next meet in public on Tuesday, 16 August at 3 p.m. to review the thirteenth periodic report of Slovakia (CERD/C/SVK/13).
Report
The Committee has before it the combined tenth to twelfth periodic report of Azerbaijan
Presentation of Report
ELNUR MAMMADOV, Deputy Minister of Foreign Affairs of Azerbaijan and head of the delegation, said that Azerbaijan was a multi-ethnic country, party to more than 50 international instruments which constituted an integral part of national legislation. More than 50 ethnic and religious groups lived in Azerbaijan and preserved their identity. A comprehensive anti-discrimination draft law was currently being prepared, as per the Committee’s recommendation. In 2018, the employment strategy of the Republic of Azerbaijan for 2019-2030 was approved, stipulating measures to strengthen social protections for the unemployed without distinction to race, ethnic origin, religion or language. The law on medical insurance was amended in December 2019 to include foreigners and stateless persons who obtained refugee status, and Azerbaijan also included all migrants in the national COVID-19 vaccination plan. Azerbaijan’s progress in resolving statelessness had been praised by the United Nations High Commissioner for Refugees.
To combat racist hate speech, the law on information was amended, prohibiting users of networks, including social media, from distributing any content promoting violence and religious extremism, or inciting national, racial or religious hatred. Azerbaijan also continued to promote human rights education, including raising awareness on the importance of combatting discrimination and promoting tolerance. The Baku International Multiculturalism Centre worked directly with ethnic minority communities of Azerbaijan, implementing various programmes and projects aimed at promoting cultural and ethnic diversity.
Mr. Mammadov said that the major obstacle for the implementation of the Convention had been Armenia’s decades-long occupation of Azerbaijani territories, as recognised by the European Court of Human Rights in 2015. Accordingly, Azerbaijan was unable to implement its obligations under the Convention or prevent violations of the Convention in those territories during that period. Armenia’s armed aggression against Azerbaijan was rooted in false and racist ideology, propounded by the Government of Armenia, to promote the idea of ethnic incompatibility between Armenians and Azerbaijanis. International mediation efforts did not yield a peaceful resolution of the conflict and the liberation of the occupied territories. In 2020, Armenia conducted a large-scale military offensive, resulting in approximately 100 Azerbaijani civilians killed and over 400 severely injured. Almost 84,000 people were forced to flee their homes, and over 4,300 private houses and apartment buildings and other civilian objects in Azerbaijan were destroyed or damaged.
In November 2020, the President of Azerbaijan, the President of Russia, and the Prime Minister of Armenia signed a Trilateral Statement agreeing to end the conflict and chart a path forward. However, up to now, Armenia had taken no meaningful steps to investigate or prosecute acts of civilian targeting, torture, obliteration of Azerbaijani cultural heritage, or other ethnically motivated crimes. Azerbaijan was now rebuilding new cities and villages, road transport and civil infrastructure from scratch, to ensure more than 700,000 Azerbaijani internally displaced persons a speedy and dignified return to their homeland.
Clearing territories from mines and unexploded ordnances remained a high priority for the Government, as displaced persons could not return to the region until their safety was assured. In facilitating the return of displaced persons to the liberated territories, Azerbaijan committed to rebuilding multi-ethnic and diverse communities. Azerbaijan brought Armenia’s violations of the Convention to the International Court of Justice in September 2021. In its order on provisional measures in Armenia v. Azerbaijan, the Court rejected most of Armenia’s requests, and ordered Armenia to take all necessary measures to prevent the incitement and promotion of racial hatred. Unfortunately, the Armenian Government had taken no action to implement an order against the anti-Azerbaijani hate speech that remained commonplace in Armenia, which had empowered armed ethno-nationalist organizations to incite violence against Azerbaijanis with impunity.
Concluding, Mr. Mammadov said he believed the Government of Azerbaijan had made serious progress in implementing the provisions of the Convention, even as there was more to be done. The delegation highly appreciated the dialogue with the Committee, which significantly contributed to overcoming existing challenges and making further progress.
Questions by Committee Experts
CHINSUNG CHUNG, Committee Expert and Country Rapporteur, regretted that the delegation included only three women. Nagorno-Karabakh, where a large population of ethnic Armenians were living, was under a serious situation. Right after the collapse of the Soviet Union, war between Armenia and Azerbaijan started, and on 27 September 2020 the war began again and ended on 9 November 2020, following the ceasefire agreement. As a result of the conflict, many individuals and groups suffered from human rights violations. Peaceful settlement and sustainable peace of the conflict should be prioritised in any way and as soon as possible. Azerbaijan had other ethnic minorities within its territory, including Russians, Talishes, Avars, Russians, Turks, Tatarians and Tats. Protecting their political and economic rights as well as their languages and cultures was an urgent issue too.
As a country which had oil and related industries, Azerbaijan had high numbers of migrant workers. Related human rights issues had been increasing, including trafficking, forced labour, and lack of birth registration of their children. The Committee noted that a number of laws and regulations had been passed and institutional measures had been taken. However, sustainable peace in the Nagorno-Karabakh region and preventing hostilities against ethnic Armenians should be accomplished soon. This would positively affect inclusive policies towards other ethnic minorities and migrants.
Ms. Chung asked whether the State had more recent statistics on the demographic composition of the population, disaggregated by ethnic origin, as well as on migrants, refugees, asylum seekers, stateless persons, and internally displaced persons. Azerbaijan had conducted a population census in 2019, however, after more than two years the results were not published yet. What were the reasons behind this delay and when were the results expected to be published? How did the State party collect data on the demographics of minorities, migrants, refugees, asylum seekers, stateless persons, and internally displaced persons?
Could information on the legislative framework on the rights of ethnic minority groups be provided? At the time of Azerbaijan’s independence, there were discussions about plans to train teachers and educators at higher education institutions in Talysh studies, Lezgin studies, and Kurdish studies; were these plans implemented? Reports had been received regarding difficulties studying and using the native languages of ethnic minorities, with native languages of minorities often missing entirely from the school programmes. Could the delegation clarify this? Reports stated that Azerbaijan’s education materials were prejudiced against Armenians based on ethnic or national origin. What measures were being taken to assess the education curriculum?
The Committee had received reports that a more serious problem was rewriting history by the State party on Armenia and in the cases of other ethnic minorities. Could information be provided on this? Ms. Chung said that Azerbaijanis predominated in government bodies and leadership positions in State institutions and there was low representation of ethnic minorities. Could data be provided of those positions disaggregated by ethnic groups? Were there plans to take measures for improving the situation of underrepresentation of ethnic minorities? Would special measures managing indirect and structural discrimination be included in the social services national plan?
The Committee had been informed that Roma in Azerbaijan were involved in shuttle migration to Georgia and could be found begging on the streets. Reports had been received that in Baku the authorities carried out raids against beggars, evicting families from squatter settlements and rented housing. What measures did the Government of Azerbaijan take to help these beggars? Did the Azerbaijani authorities take any positive measures towards the Dom group? The Roma community had problems with personal documents, a low level of education and extreme poverty, among others. Did Azerbaijan acknowledge this situation? What measures should be taken? Was there accurate data on child mortality, especially in “Qaraçı” communities? Could data be provided on persons of African descent as an ethnic minority in Azerbaijan? Were the police and other officials educated on the specific implications of racial discrimination and discrimination specifically against people of African descent?
TINA STAVRINAKI, Committee Expert and Taskforce Member, asked the delegation to update the Committee on any developments prohibiting discrimination on the ground of national origin, colour and descent, in accordance with the Convention? Could information on the content and added value of the draft law of racial discrimination be provided? Did it include a definition of racial discrimination in accordance with the Convention? Were there any other concrete provisions protecting against racial discrimination and abusive labour practices, such as retention of passports or non-payment of salaries or underpayment of wages? Could the delegation provide information on case law applying the prohibition on racial discrimination in employment? Were existing monitoring tools, such as inspections, monitoring the prohibition of racial discrimination in the workplace? Could the delegation provide information on any restrictions provided by national legislation of labour rights of non-citizens and stateless persons. Why had a national action plan not been adopted or envisaged?
Ms. Stavrinaki asked for updated data on complaints of racial discrimination and remedies for victims? What remedies were available for non-citizens, such as undocumented migrants and stateless persons? What measures had the State party adopted to improve and facilitate reporting on racial discrimination? Had any measures been adopted to facilitate access of victims of racial discrimination to legal aid? In 2016, the Committee urged the State party to strengthen efforts to raise awareness of the Convention among the judiciary and the public, including the fact that, under the State party’s Constitution, the Convention may be directly invoked by courts. Could examples and data on case law directly applying the Convention be provided? The establishment of 10 regional legal counselling centres was a positive development. Could data be provided on their geographical distribution? Was information available demonstrating their use by ethnic minorities?
Concern had been expressed in 2017 about the passive attitude of the Ombudsperson with regard to numerous cases of alleged human rights violations. In addition, the Global Alliance of National Human Rights Institutions recommended in March 2017 that the Ombudsperson be downgraded to B status because of apparent unwillingness to effectively engage on serious human rights violations. Could the Committee be updated on this issue? What was the criteria for registering civil society organizations on the rights of ethnic minorities? Could the Committee know the number of civil society organizations working on the rights of ethnic minorities that had been involved in the preparation of the report? How were they selected?
There had been increasing reports on potential abusive surveillance of human rights defenders and journalists by using spyware, such as Pegasus. What measures were being taken to ensure accountability for abusive practices against human rights defenders?
GUN KUT, Committee Expert and Follow up Rapporteur, said that the Committee appreciated the timeliness of the State party’s delivery of the follow-up report and the periodic report. Identity papers and statelessness had been an issue to follow up. The Committee had recommended that all children born in the State party be issued with a birth certificate, regardless of the legal status of their parents. Regarding access to citizenship for stateless persons, limited information had been provided in the follow-up report. However, the periodic report stated that there was an amendment to the Citizens Act. The Committee would like more information about this amendment? Information had been received about efforts being made to improve the work permit system. The Committee would like more up to date information on this.
A Committee Expert said that Armenians were often victims of dehumanisation and were treated badly, according to reports received. What measures were being taken to put an end to this situation? The Committee was pleased to see the translation of the Convention into minority languages. What measures were being taken to further disseminate the Convention amongst the population?
Another Committee Expert asked what the role of the Convention was in the hierarchy of legislation of the State? Could it be directly invoked by the courts? What steps were being taken to ensure the training of legal practitioners and members of the judiciary as to the recommendations enshrined in the Convention?
One Committee Expert asked for information on the contributions of civil society to the report? Regarding hate speech, teachers had also been identified perpetuating hate against Armenians. Were these teachers still teaching? What was been done to assist those who were at risk of becoming stateless?
Responses by the Delegation
ELNUR MAMMADOV, Deputy Minister of Foreign Affairs of Azerbaijan and head of the delegation, said that the disruption of the pandemic had meant the results of the census of 2019 had not yet been published. Publication was expected in a few weeks. The total population of Azerbaijan stood at more than 10 million people as of 1 February 2022. The total number of foreigners and stateless persons residing in the State was more than 168,000. Ninety-six per cent of Azerbaijan’s population was Muslim.
The delegation said that Azerbaijan was a multi-ethnic State, which had been underscored in the Constitution. After the adoption of the Constitution that guaranteed the right to equality, the development of legislation had continued in line with the Convention, to implement its provisions within Azerbaijan legislation. The draft law on racial discrimination set forth 16 articles and stated that racial discrimination was not permitted when it came to labour. It set out the right of hired employees to obtain information about posts to avoid racial discrimination. Special provisions to avoid racial discrimination had also been established in education. A provision in the draft law was in place to prevent racial discrimination in non-profit and commercial entities. The draft law also included amendments with the goal of developing the provisions of the Criminal Code to provide for preventing racial discrimination, including physical harm based on ethnic intolerance. Such crimes now faced a more austere punishment.
Criminal liability was established for inciting acts of racial discrimination. The right to equal opportunities for employment was also protected in the Constitution. The Convention was confirmed as a law, with the force of a national law, and could therefore be enacted directly, with no additional national legislation required. Regarding non-governmental organizations, dozens were currently registered in Azerbaijan, and their main goal was social-economic development for ethnic minorities. The Ombudsperson had presented a draft law which proposed allocating the Ombudsperson the right to a special body for the prevention of racial discrimination. Identification documents for citizens did not have a line which indicated ethnicity.
The State guaranteed the right of all citizens to compulsory and free secondary education, including those from minority groups. School education had been organised for Roma children from more than 50 families, with 35 secondary schools involving the Roma community. Measures had been taken to prepare textbooks in the languages of national minorities. In 2017 and 2018, textbooks for several school levels were translated into the Georgian language. In 2020 and 2021, there were more than 280 students from African countries in Azerbaijan.
For a century, Azerbaijan had lived in peace and harmony with its neighbours and there were no cases of intolerance on an ethnic or cultural basis. During the invasion and occupation of the city of Baku, the churches were always respected. There were Armenians in the city, with mixed race families living in harmony. When people were employed, it was their work history that was reviewed, not their ethnicity. Azerbaijan was proud of its ethnic heritage. The Ministry of Internal Affairs had around 1,000 employees representing various ethnic minorities. There were around 6,000 Roma persons living in two different districts. Land had been allocated to them on an equal basis with other Azerbaijanis, allowing them to work, and these people were given jobs based on their specialties. Many Roma were going to school and some were also employed. Administrative punishments were not administered for begging, but because these persons forced their children to engage in begging on the street. They were not arrested, rather a fine was issued. This punishment was not due to ethnicity, but rather the Government wanted them to bring up their children appropriately.
Roma persons were issued with national identity documents, ensuring access to healthcare and social services on an equal basis with the rest of the population. In some cases, Roma parents had withdrawn their children from school to enable them to engage in begging. There were also some problems regarding Roma children attending educational institutions due to the nomadic lifestyle of their parents. However, compared to previous years, there had been substantial progress, including six Roma graduates who were admitted to the technical college of Azerbaijan within the last three years. Regarding people of African descent, more than 500 citizens from African countries had semi-permanent residence in Azerbaijan and more than 25 had permanent residence.
ELNUR MAMMADOV, Deputy Minister of Foreign Affairs of Azerbaijan and head of the delegation, said that statistics showed that the number of complaints of racial discrimination were low. The delegation was willing to hear suggestions from the Committee on how to ensure that this low number of complaints represented the real situation on the ground. Since 2019, the Ombudsperson had been participating in a programme strengthening response to hate speech and racial discrimination. Numerous events on the promotion of equality were being organised in the capital and in the regions. On the Ombudsperson’s initiatives, various events were held in recognition of peace and harmony, which recognised the importance of peace and co-existence. Mr. Mammadov said that the Ombudsperson’s ranking was downgraded, adding that Azerbaijan was doing everything required to raise the ranking back.
A new law on the media had been adopted in Azerbaijan, and its impact would be reported on by the next cycle of periodic reporting. Azerbaijan counted around 50 organizations catering to ethnic minorities in the country and more than 15 media publications for these groups were published. Television channels also regularly prepared programmes in minority languages.
Mr. Mammadov said that the law on citizens’ appeal allowed citizens to appeal to authorities regarding violations of discrimination laws. Requests were answered within 15 days or processed immediately depending on the level of urgency. If a citizen did not agree with the decision on an appeal, they had the opportunity to file a complaint against that decision.
Questions by Committee Experts
CHINSUNG CHUNG, Committee Expert and Country Rapporteur, said there were many points which had not been answered. How did the State party establish measures for improving the poor situation of ethnic minorities if it did not gather data on this? How was an ethnic group defined in the State party? What support was provided by the Government regarding education for these ethnic groups?
TINA STAVRINAKI, Committee Expert and Taskforce Member, asked about Roma not being integrated into Azerbaijan.
Responses by the Delegation
ELNUR MAMMADOV, Deputy Minister of Foreign Affairs of Azerbaijan and head of the delegation, said that Roma communities were not easily integrated into Azerbaijan society but this did not mean they were being stereotyped. The delegation said that schools that were educating ethnic minorities were funded by the State. The ethnic Roma groups were not punished for their ethnicity; they were fined for forcing minors to beg on the street.
Questions by Committee Experts
A Committee Expert commended Azerbaijan for providing courses and textbooks in all languages of the country. Were there classes for Armenian language?
Another Committee Expert asked if there was a national plan to eradicate statelessness in Azerbaijan by 2024?
A Committee Expert asked if there was continuous training regarding the Convention?
One Committee Expert asked about the translation of the Convention into other languages?
CHINSUNG CHUNG, Committee Expert and Country Rapporteur, asked for clarification on the number of stateless persons in Azerbaijan and their ethnic origin. What measures had the State party taken to ensure that all people born in Azerbaijan were issued a birth certificate, irrespective of their legal status? How had the State party implemented a framework for the registration, documentation, and access to citizenship for stateless people? What had prevented the State party from regularly reporting on the number of migrants, asylum seekers, refugees, and stateless people living within the borders of Azerbaijan?
Ms. Chung asked for information on the situation of undocumented migrants, and measures taken to ensure that migrant workers and their families enjoyed equal access to education and health care? Did the State take measures to replace the work permit for migrant workers with a residency permit to combat exploitation? What measures were in place to facilitate the lodging of complaints? How did the employment strategy for 2019–2030 apply to migrants? What was the situation of forced labour and trafficking? Could information be provided on the progress made by the national action plan combatting trafficking in human beings in Azerbaijan?
The Committee appreciated the efforts of the Government to respect religions other than Islam, Ms. Chung said. However, reports had been received on the suppression of other religions and destruction of their religious places. What legal protections had the State party provided to protect the rights of visitors who engaged in religious practices? Did ethnic minorities enjoy the right to equal treatment before tribunals? Were they provided with translation services? Could they access the Constitutional Court on an equal footing? How effective was the functioning of the Baku Multiculturalism Centre?
There had been long conflicts in the Nagorno-Karabakh region since the beginning of the 1990s. There had been many reports on the racially motivated killings of ethnic Armenian civilians and the violent torture and execution of persons of Armenian origin by Azerbaijani authorities and military personnel. Had Azerbaijan taken measures to promptly and impartially investigate all human rights violations committed, especially during the 2020 conflict? Were perpetrators punished and redress provided to victims? The Committee had also received reports on human rights violations by the army of Azerbaijan against civilians and prisoners of war. What measures were in place to investigate these allegations?
Ms. Chung said that through the early warning and urgent action procedure, the Committee had required Azerbaijan to cease its discriminatory treatment of ethnic Armenians in 2007. How had the State implemented that? The Committee had been informed that there were many Armenians still held captive by Azerbaijan, who were refused the right to return to Armenia. Could the delegation explain this? Did the State take measures to protect all persons captured in relation to the 2020 conflict who remained in detention?
Did Azerbaijan take measures to protect all persons captured in relation to the 2020 conflict, who remained in detention? Could explanations be provided regarding acts of vandalism affecting Armenian cultural heritage? Did Azerbaijan follow the order issued by the International Court of Justice in December 2021? The Committee had been informed
that Azerbaijan isolated Nagorno-Karabakh and its people from the rest of the world, not allowing the entry of international organizations to Nagorno-Karabakh to conduct humanitarian missions; could an explanation be provided on this? What measures were being taken to promote sustainable peace in the Nagorno-Karabakh region? Could the State party provide information on measures to promote human rights education, including on racial discrimination, in all school curriculum and university programmes?
TINA STAVRINAKI, Committee Expert and Taskforce Member, asked if data was collected for hate crimes and if the Committee could be updated on the number of hate crimes reported? In 2016, the Committee had recommended that the State party ensure that measures to monitor and combat racist speech should not be used as a pretext to silence those who protested against injustice, social discontent, or opposition. The Committee took note of amended article 47 of the Constitution, asking for updated information on case law applying this provision?
Could updated information covering the period since 2016 on complaints, prosecutions and convictions for hate speech offences be provided? Did the State party have an effective mechanism in place to monitor racial discrimination over the Internet, particularly social media? What measures had the State party adopted to condemn, investigate, and punish inflammatory speech by politicians? What measures had the State party adopted to comply with the International Court of Justice provisional order and prevent the incitement and promotion of racial hatred and discrimination against persons of national or ethnic origin from the other country?
Ms. Stavrinaki asked for data on deaths related to COVID-19 that distinguished between persons belonging to ethnic minorities and the general population? What measures had been adopted to ensure access to vaccines by ethnic minorities? It had been reported that ethnic minority groups experienced problems with access to medical care. Women often gave birth at home due to poverty, fear of being sterilised, early unregistered marriages, and fear of racial discrimination. The Committee also received information reporting higher child mortality in Dom and Roma communities. Could data be provided on access to healthcare in areas with populations belonging to ethnic minorities? Could the Committee be provided with details on the requirements for access to healthcare by migrants, refugees, asylum seekers and stateless persons?
A Committee Expert suggested that the Republic of Azerbaijan and Armenia should be invited to come together, through a Reconciliation Commission with members of the Committee, to discuss how it may be possible to settle the issue of racial discrimination. This was a proposal for the Ministers of Azerbaijan. It was hopeful that this problem could be settled. Everyone wanted peace and it could be done.
VERENE ALBERTHA SHPHERD, Committee Chairperson, said that article 12 would have to be invoked by the State party; the Committee itself could not invoke article 12 on States. This could be discussed internally within the Committee at another time.
A Committee Expert said information had been received about the indoctrination of pupils and university students on hatred against Armenians. This situation must not continue; could more information be provided?
One Committee Expert asked for information on the national plan on the eradication of statelessness. Regarding stereotypes in the media for ethnic minorities, were these sanctioned? How were school textbooks written when it came to handling Armenians and other minorities?
A Committee Expert was impressed by the Baku Multicultural Centre and the work which had been done. It deserved a great amount of praise. What were the functions of the multicultural centre in Baku? Perhaps such a centre should produce drafts for guidelines for social integration for the various minorities? What thinking was underway to develop the centre?
Responses by the Delegation
ELNUR MAMMADOV, Deputy Minister of Foreign Affairs of Azerbaijan and head of the delegation, asked if the Committee could strike a balance between the number of questions and the time given to answer those questions. The delegation said that national legislation ensured the full access of ethnic minorities to the healthcare system. All asylum seekers were entitled to have equal access to healthcare. In some cases, illegal migrants could be placed in migrant centres; nevertheless, they would still be provided with shelter and medical care. The Government had provided equal access for all citizens to healthcare services and vaccinations, including ethnic minorities. A wide range of awareness-raising campaigns had been organised to ensure that the entire population received equal access to COVID-19 information, across a wide range of channels.
Mr. Mammadov said Azerbaijan was party to the Convention on Statelessness. The Government took all necessary actions to protect from statelessness, and authorities continued the process of naturalisation of stateless persons, resulting in more than 200 stateless persons being granted citizenship. The delegation said that candidates that had gone through national selection for the judiciary had to attend a mandatory, six-month-long training course. During the theoretical training, candidates for judge positions had a specific course, entitled “the ban on discrimination”. In line with national legislation, lawyers were selected on a competitive basis, and went through training, where they covered a dedicated subject on the ban of discrimination, the same as judges.
An initiative had been launched to finalise a new human rights programme at Baku University, introducing several courses relating to human rights law. The Convention was available in several languages and translation into other languages could be considered, depending on demand. The definition of racial discrimination set out in the Convention was applicable under the law. Birth information was automatically transferred from the medical institution to the information system of the Ministry of Justice. This would then be entered into the civil status act automatically. Migrant workers could freely change jobs and could work for another employer by obtaining a separate work permit.
The delegation said that the national legislation granted the same social and labour rights to migrant workers, as to the citizens of Azerbaijan. Any discrimination against migrant workers was prohibited. Foreigners and stateless persons also had the same labour rights as Azerbaijani citizens. The State labour inspection service considered applications from foreigners and stateless persons on violations of their rights. Complaints were promptly investigated and measures were imposed, including fines.
Azerbaijan took all necessary measures to combat human trafficking. Significant steps had been taken in this regard and the State had improved its ranking in a recent report on trafficking. This was a good sign and a testament to the progress which had been made. Azerbaijan took all necessary measures to investigate cases of forced labour and human trafficking, and to bring perpetrators to justice. Between 12 and 15 per cent of those convicted for these crimes were imprisoned. Victims were provided with accommodation, shelter and medical and legal assistance.
Nagorno-Karabakh was the historic name of the region. Since July 2021, this area was referred to as the Karabakh economic zone. Following the 44-day war in 2020, more than 80 criminal cases had been carried out against Azerbaijani citizens by the Armenian military. These included deaths due to landmines, shelling, the destruction of cultural heritage, the illegal involvement of armed groups and the participation of military operations. Ballistic shelling was organised in densely populated regions of Azerbaijan, resulting in many civilians losing their lives, being injured, and a large amount of damage to civilian infrastructure.
Eleven criminal cases had been initiated against Azerbaijani military personnel for grossly violating human rights and committing crimes. It had been determined that these personnel had committed insulting acts on Armenian corpses, among other offences, and were therefore submitted to judiciary responsibility. However, the same objective reaction could not be seen from Armenia. This issue was taken very seriously, and Azerbaijan was committed to prosecuting acts of racial discrimination under the Convention. Armenia had failed to make any efforts to prosecute war crimes affecting Azerbaijanis, perpetuated by Armenian military forces. There had been several reports calling on Armenia to investigate the war crimes perpetrated by Armenian troops.
ELNUR MAMMADOV, Deputy Minister of Foreign Affairs of Azerbaijan and head of the delegation, said that all Armenians captured during the 2020 war who had not been convicted of a crime had been returned to Armenia. Armenian detainees who remained in custody in Azerbaijan had been convicted of serious crimes, including torture, killing and hostage taking. Azerbaijan had conducted investigations in accordance with its duties and rights under international law. Each convicted individual was tried and sentenced by constitutional courts. There were also instances where charges were dropped against Armenian detainees. Azerbaijan did not condone torture of any kind and ensured the individuals it detained were treated fairly. Measures were in place to ensure the rights of detainees, including that the Red Cross could visit places of detention at any time. Detainees were visited by doctors, and any credible allegations of mistreatment were investigated.
Azerbaijan was committed to the protection of cultural heritage. Tragically the State had witnessed the destruction of its cultural heritage by Armenian forces in 1993. Repairing this destruction remained a priority to Azerbaijan. Historical monuments in liberated territories were subject to protection, regardless of religion or ethnic background. Several cultural monuments had been restored throughout the State. Due to the high number of mines planted around the liberated territories, not all areas could be reached. All the historical monuments which were part of Azerbaijani culture would be surveyed, and the State would attempt to restore all of them. Mr. Mammdov said that Azerbaijan categorically rejected any allegation that the State was seeking to target Armenian civilians.
Azerbaijan did not condone statements or actions which promoted hatred. The statements referenced by the Committee reflected a handful of statements in which high-ranking officials criticised the racist actions of the Armenian Government’s armed forces. Armenians and Azerbaijanis were neighbours and needed to learn to live side by side. Twitter had investigated accounts which had been claimed to be owned by Azerbaijani authorities.
Free secondary education was available to all migrants in Azerbaijan. Foreigners and stateless persons living in the State also had opportunities to receive scholarships. Special classes were available to educate foreigners and stateless persons on the Azerbaijani language. Every four years, textbooks were reviewed and republished, with the aim of increasing material on human rights in all schools.
According to the Trilateral Statement of 10 November 2020, Azerbaijan provided access for Armenians to Karabakh, which had been functioning uninterrupted since this time. Security for the road was provided by the Russian peacekeepers. Therefore, the allegations of the isolation of Karabakh did not hold true. As the Committee was aware, the occupation of the territories of Azerbaijan had led to the ethnic cleansing of Azerbaijanis and expulsion from occupied territories. The immediate priority of the Government was to allow a safe and dignified return to those who had been forced to leave the territories. A huge challenge was to demine the heavily contaminated mine territory, and remove the threat from unexploded ordnance. The national mine agency was working with national partners, as well as private agencies, to complete this task. Azerbaijan had allowed the International Committee of the Red Cross to carry out humanitarian efforts in Karabakh, and a number of international organizations were now working in the region.
The Baku Centre for Multiculturalism was unique and stood to be the flagship, not only in the region but beyond. The centre was established in 2014 and was a legal entity which presented the Azerbaijan multiculturalism model to the world. In performing the duties set out in its power, the centre cooperated with State and local governments and international organizations. It had implemented several projects, including working with ethnic minority communities. Under a project implemented by the centre, the Azerbaijan multiculturalism model was taught at universities all across the world. The winter and summer schools, held at prestigious Azerbaijan educational facilities, gave young people the opportunity to see for themselves the value of multiculturalism and tolerance.
ELNUR MAMMADOV, Deputy Minister of Foreign Affairs of Azerbaijan and head of the delegation, said the Baku process had been recognised by the United Nations as a major platform for cultural dialogue. There were several projects underway between Azerbaijan and Armenia, including achieving a comprehensive peace treaty, the opening of transportation and communication lines between the two States, and confidence building measures and humanitarian issues, including locating missing persons from the first war. Meetings had taken place in Georgia, Austria and France, which would continue to bring the two nations together to end the conflict. As a Government, Azerbaijan was open to any proposals to resolve the issues and would consider utilising the platform of the Committee on the Elimination of Racial Discrimination as suggested, if the State agreed.
Questions by Committee Experts
CHINSUNG CHUNG, Committee Expert and Country Rapporteur, thanked the delegation for their sincere answers. Was there a plan to gather statistics relating to ethnic minorities? Could information be provided on the situation of undocumented migrant workers, and the framework to ensure their access to education, healthcare and justice? How was Azerbaijan following the orders of the International Court of Justice to implement visions and measures for sustainable peace in the Karabakh region?
ELNUR MAMMADOV, Deputy Minister of Foreign Affairs of Azerbaijan and head of the delegation, said that the Government maintained the position that statistics were not disaggregated based on ethnicity, instead it was done by regions. There were currently no plans to reconsider that position. The reasoning behind this was that the State promoted multiculturalism, and gathering data based on ethnicity would be an issue.
The delegation said that the State was working closely with different government bodies to fully digitise the system to produce the work permits for migrants, which would allow them to benefit from all the programmes provided by the Government of Azerbaijan.
Mr. Mammadov said Azerbaijan had taken additional steps to ensure the protection of cultural sites which Armenia had raised concerns about. The State was committed to large-scale restoration in Karabakh.
Questions by Committee Experts
TINA STAVRINAKI, Committee Expert and Taskforce Member, said examples of case law would help the Committee understand the reality in practice.
GUN KUT, Committee Expert Follow-Up Rapporteur, noted that the issues of statelessness in Azerbaijan pertained to around 600 people. As this was not many people, could this problem please be solved.
A Committee Expert noted that the Committee was ready to exercise its functions. It was important that the conciliation option not be forgotten.
Another Committee Expert said articles 11 and 12 had been forgotten, and had been rediscovered, allowing Qatar and Saudi Arabia to come to an agreement. It was something that could help.
Closing Remarks
CHINSUNG CHUNG, Committee Expert and Country Rapporteur, thanked the delegation for the fruitful and constructive dialogue. It was hopeful that the process, including through the implementation of the concluding observations, could contribute to the improvement of the human rights situation in Azerbaijan. Addressing racial discrimination concerns in Azerbaijan would also benefit in general the reconciliation in Karabakh. Ms. Chung wished the delegation a safe return home.
ELNUR MAMMADOV, Deputy Minister of Foreign Affairs of Azerbaijan and head of the delegation, said the message would be relayed to the Government regarding solving the issue of stateless persons. Mr. Mammadov thanked the Committee for the fruitful and constructive dialogue. Azerbaijan was a proud multi-ethnic country and the Government placed great importance on upholding the principles of the Convention. The State was committed to supporting sustainable peace in the region and hoped it would lead to the ability to fully implement the Convention across all Azerbaijani territories. Mr. Mammadov said Azerbaijan considered the Committee a significant mechanism and reiterated his commitment to providing the Committee with any further information needed.
VERENE ALERBTHA SHEPHERD, Committee Chairperson, thanked everyone for the dialogue and said the Committee would work on the concluding observations. Ms. Shepherd wished the delegation a safe journey home.
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