COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS REPORT OF AZERBAIJAN

The Committee on the Elimination of Racial Discrimination has considered the report of Azerbaijan on its implementation of the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.

Presenting the report was Khalaf Khalafov, the Deputy Minister of Foreign Affairs of Azerbaijan, who said his country had been very active in improving national legislation and strengthening political institutions while bearing in mind the principles of universal access to human rights. The conflict in Nagorny Karabakh between Armenia and Azerbaijan, Mr. Khalafov said, had a negative impact on Azerbaijan’s efforts to implement the principles of the Convention. Today there were more than one million refugees and displaced persons in Azerbaijan and one-fifth of the country was occupied by Armenian forces. The Deputy Minister affirmed his country’s belief that Azerbaijan should be a single home for all its citizens, providing the opportunity for all to pronounce and preserve their national identity by way of promoting and protecting their human rights.

In the course of the discussion, which was held over two meetings, issues concerning the Office of the Ombudsman and the types of cases handled by it; the State party’s fight against human trafficking; Azerbaijan’s rules on citizenship; the rights of national minorities in general; employment rights and other social matters; and the rights of refugees, stateless persons and the displaced in Azerbaijan, in particular those coming out of the conflict in Nagorny Karabakh between Armenia and Azerbaijan and the one in Chechnya, were raised among other subjects.

In preliminary remarks, the country Rapporteur for the report, Committee Expert Tang Chengyuan, commended the Government of Azerbaijan for the positive steps it had undertaken with regard to the Office of the Ombudsman; its fight against human trafficking; and its assistance to refugees and displaced persons, in particular Chechen refugees and those stemming from the conflict in Nagorny Karabakh between Armenia and Azerbaijan. Among other things, he noted the Committee’s need to receive additional information on ethnic groups living in Azerbaijan.

The Committee will present its final conclusions and recommendations on the third and fourth periodic reports of Azerbaijan, which were presented in one document, at the end of its session, which concludes on 11 March.

The delegation of Azerbaijan also included representatives of the Ministry of Foreign Affairs; the Ministry of Justice; the Ministry of Internal Affairs; the Ministry of Labour and Social Protection; the Ministry of Health; the Ministry of Economic Development; the Office of the Prosecutor General; the Department for National Policy of the Office of the President; and the Permanent Mission of Azerbaijan to the United Nations Office at Geneva.

When the Committee reconvenes at 10 a.m. on Tuesday, 8 March, it will hold a general debate on multiculturalism.

Report of Azerbaijan

The third and fourth periodic reports of Azerbaijan, presented in one document CERD/C/440/Add.1, draw attention to the mass expulsion of Azerbaijanis from Nagorny Karabakh, other occupied regions of Azerbaijan surrounding it, and Armenia, which resulted in the complete ethnic cleansing of the non-Armenian population from these territories. As a result of the Armenian aggression and the ethnic cleansing of Azerbaijanis from the territory of Armenia proper and the occupied Azerbaijani territories, there are now about 1 million refugees and displaced persons in Azerbaijan. Despite this aggression, approximately 30,000 Armenians residing in Azerbaijani territory today do not experience discrimination.

In May 1996, Azerbaijan became party to the International Convention on the Elimination of All Forms of Racial Discrimination and in September 2001 it made the declaration under its article 14. In accordance with the Constitution of Azerbaijan, the protection of the rights and freedoms of every person irrespective of race, ethnicity, religion, language, among other things, is the supreme goal of the State. Azerbaijan is going through a period of transition and is faced with many economic, political and social problems that affect the whole of society. The economic and political crises of the post-Soviet period and the armed aggression by Armenia led to the occupation of 20 per cent of Azerbaijan’s territory. One of the main areas of State policy is support for the languages and cultures of all minorities living in Azerbaijan. The implementation of an ethnic policy based on the democratic equality of all citizens is an important condition for achieving stability, national unity, successful democratic transition, and economic reforms.

At the end of 2001, the post of Ombudsman was established in order to restore the human rights and freedoms set forth in the Constitution and in international treaties to which Azerbaijan is a party and which had been violated by State bodies, local self government bodies, and officials. The Criminal Code penalizes acts committed with a view to establishing and maintaining the superiority of one racial group for the oppression of another racial group. Moreover, the Media Act prohibits the use of the media to incite ethnic, racial or social discord and intolerance. In accordance with the Citizenship Act, foreigners and stateless persons who have lived for five consecutive years in Azerbaijan and who present documents certifying that they have learned the State language of Azerbaijan, irrespective of such persons’ origin, race, ethnicity or political or other beliefs, may apply for Azerbaijani citizenship. In Azerbaijan, 230 Muslim and 26 diverse Christian and non-Christian communities are currently registered with the State.

Presentation of Report

KHALAF KHALAFOV, Deputy Minister of Foreign Affairs of Azerbaijan, said the priority of the State was to universally ensure human rights and fundamental freedoms; to that end the State had been very active in improving national legislation and strengthening political institutions while bearing in mind these principles. Azerbaijan had also been taking considerable steps to ensure the process of democratization. The efforts undertaken by the Government of Azerbaijan had been commended by the Council of European Ministers in its efforts to uphold the principles of human rights, the Deputy Minister noted.

The State had adopted a number of measures to protect workers from all forms of hostility and aggression and amendments had been made to the Labour Code accordingly. Moreover, the State of Azerbaijan had been undertaking extensive measures by way of new legislation in terms of implementing international treaties and it was working on improving the Government’s commitment to implement the Programme of Action adopted at the of Durban World Conference against Racism in 2001.

The head of the delegation of Azerbaijan noted the creation of the Office of the Ombudsman in 2001 as a significant step forward in upholding the principles of human rights in the country. The Office considered complaints from persons from Azerbaijan as well as stateless persons and foreigners. The Ombudsman initiated a round table last year designed to guarantee the rights and freedoms of various religious confessions in the country.

The Constitutional Court was seen as the supreme body aimed at maintaining the rules of the Constitution and ensuring the basic freedoms of all people in Azerbaijan. In September 2000 the new Criminal Code and the Code on Criminal Procedure entered into force, both of which aimed to eliminate all forms of discrimination; these codes were supplemented further in 2004. Active measures had also been taken to enhance the effectiveness of the judiciary. In order to strengthen the fight against economic corruption a new law was adopted in 2004. This law laid down measures to fight corruption while bearing in mind the social welfare of those most in need. Moreover, a poverty reduction strategy was incorporated in the State programme which aimed to improve the situation of those most needy in Azerbaijan.

As a multiethnic State Azerbaijan was committed to the principles of equality. Everyone in Azerbaijan had the right to maintain their cultural identity and to practice their religion freely. There were cultural centres throughout the country for national minorities which received financial assistance from the State, Mr. Khalafov said. In June 2002, the Minister of Culture held a conference on cultural diversity in Baky and an international conference was also held in the country’s capital on religion. There were some 1,300 mosques, more than 50 churches and synagogues, and over 500 places of worship in Azerbaijan. In all, 310 religious communities were registered in Azerbaijan. Pope John Paul II visited Azerbaijan in 2002, thus demonstrating the religious tolerance of the country.

Turning to the subject of education, the head of the delegation noted that there were various multinational and multilingual schools present in Azerbaijan and students had the opportunity to study in their own language. Several publications were also available in languages other than Azerbaijan.

The conflict in Nagorny Karabakh between Armenia and Azerbaijan had a negative impact on Azerbaijan’s efforts to implement the principles of the Convention. Today there were more than one million refugees and displaced persons in Azerbaijan and one-fifth of the country was occupied by Armenian forces. This had also had a negative impact on the right to work. Azerbaijan believed that the State should be a single home for all its citizens providing the opportunity for all to pronounce and preserve their national identity by way of promoting and protecting their human rights.

In closing, the Deputy Minister noted that the report under review was drafted by a working group which had included the participation of non-governmental organizations.
Discussion

TANG CHENGYUAN, the Committee Expert serving as country Rapporteur, noted that Azerbaijan had acceded to all the basic international human rights instruments and had promulgated a series of measures to sustain human rights principles in general. The Rapporteur made reference to various legislative measures taken by the State party including the Citizenship Act and the Media Act. He also drew attention to the various steps taken by the State party to protect and guarantee the rights of foreigners, stateless persons, refugees and displaced persons and of the training it had conducted for Azerbaijani officials, namely a five-day training course for law enforcement officials on human rights.

The Rapporteur noted that the Government of Azerbaijan was serious in its implementation of the Convention and had taken a number of measures to promote and protect the equal rights of all of its citizens. However, the report did not contain specific information as to how the Convention was being implemented.

The Rapporteur asked what the common understanding of racial discrimination was in Azerbaijan and whether sufficient attention had been paid to direct and indirect discrimination observed in daily life. Moreover, he asked how the Office of the Ombudsman carried out its duties and whether the Public Prosecutor was able to handle cases which involved violations to the Convention.

Other subjects which the country Rapporteur expressed interest included legal assistance to disadvantaged groups, reparation to victims of discrimination and human trafficking. According to the findings of the Committee on Economic, Social and Cultural Rights, discrimination against minorities in terms of housing, employment and education still existed in Azerbaijan; Mr. Tang asked for clarification on that matter.

Mr. Tang drew attention to reports of several offences aimed against refugees and stateless persons. He asked what measures the State party had taken to ensure their protection and their rights. He asked for more information on measures taken to facilitate the regularization of their legal status in Azerbaijan.

The country Rapporteur also asked about any steps taken by the State party to follow up on the recommendations of the European Commission against Racism and Intolerance which were issued in 2003, particularly the recommendation to support the interaction between the Azerbaijani people and persons of Armenian origin residing in Azerbaijan.

Another Committee Expert noted that the State party had been asked for clarification on the right to property rights, namely whether there were any pre-requisites which foreigners or stateless persons had to fulfil before being entitled to obtaining property in Azerbaijan. He also asked for information about overall indicators of unemployment and the status of housing, health and education of minority groups. The Expert drew attention to the Presidential decree of 1992 which aimed to protect the rights and freedoms of ethnic minorities and asked about the status of that act.

Several Experts noted as positive the creation of the Office of the Ombudsman, and asked for additional information about its mandate.

Many Experts sought information on the steps undertaken to publicize the Convention in Azerbaijan and human rights in general, particularly measures against discrimination.

With regard to the Media Act, an Expert asked who was entrusted with overseeing the adherence to that Act and, more specifically, what was meant by "an insult to national dignity" as mentioned in that Act.

While noting the significant progress made by Azerbaijan in the area of refugee protection, Experts asked for clarification on the measures taken by the State party to fully guarantee the protection and human rights of refugees. Another Expert asked for information about the State’s position on the principle of non-refoulment.

An Expert asked how many refugees there were overall in Azerbaijan and how many of them were Chechens. He also asked what specific measures had been taken to protect Chechen refugees on Azerbaijani territory as well as for those coming from Afghanistan and Iraq.

An Expert sought more information on measures taken to make the justice system more independent and effective and on information on reported attacks against human rights defenders.

Some Experts said that the conflict between Armenia and Azerbaijan had affected the ability of Azerbaijan to duly implement the provisions of the Convention.

An Expert noted the lack of information on the long-term conflict between Armenia and Azerbaijan, adding that the Government should be more active in disseminating information on the realities in Azerbaijan.

Response by Delegation

In response to questions raised, the delegation said that in Azerbaijan, a whole range of measures had been carried out with a view to implementing the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination and the Durban Plan of Action.

The Ombudsman had been given specific powers in order to protect the rights and freedoms of individuals in Azerbaijan in line with the Constitution and international treaties to which Azerbaijan was a party. The Ombudsman was elected to office for a period of seven years and was independent. The Ombudsman could not be removed from office and could not be impeded by any member of the Government. Moreover, the Ombudsman could go to the necessary authorities to institute legal proceedings and could submit recommendations to Government bodies on offences committed by Government officials against citizens’ rights. In addition to the central office in the capital, there were regional offices attached to the Office. The Ombudsman had considered 4,500 communications, 90 per cent of which were complaints; of these 60 per cent were received from prisoners. Of the complaints, 23 per cent had been fully resolved. The Ombudsman also reported annually to the President of the Republic and to Parliament.

In response to a question on minorities, the delegation noted that in Azerbaijani law there was no definition of a national minority. There was, however, legislation which protected the rights of minorities and promoted their equality.

Asked to provide examples of court cases where the courts had invoked the provisions of the Convention, the delegation said there was no direct reference made to international instruments in the courts; however, in more than 10 cases, courts in Azerbaijan had referred to norms mentioned in United Nations’ conventions.

The delegation said that it was stated in Azerbaijan’s laws that the mass media could not stir up national, racial or social hatred or intolerance and could not be used to diminish the dignity of citizens. Moreover, according to the law the State body responsible for broadcasting must monitor any acts which were contrary to the Media Act. The Broadcasting Council had the power to impose fines for broadcasts of this kind and to initiate criminal proceedings.

Today in Azerbaijan there were more than 1,600 non-governmental organizations which were active of which about 60 were organizations that protected human rights. Another 34 non-governmental organizations dealt specifically with ethnic minorities.

Concerning the State’s fight against trafficking in human beings, the delegation drew attention to the initiative taken by the President of Azerbaijan in May 2004 to establish a national plan of action to combat trafficking in human beings in Azerbaijan. The aim of the plan was to set up a system to improve related legislation, among other things; the Government had prepared and submitted a new draft law on combating human trafficking and a revision to Azerbaijan’s legislation to bring it in line with the Government’s fight against human trafficking. A special police service in Azerbaijan was also being planned to address this issue. A department was set up in the police service last year to deal specifically with this issue; 159 cases of trafficking had been identified by this unit of which 104 cases had been brought before the courts. Over 300 victims of trafficking were also identified and provided with assistance. Moreover, there was a database on trafficking in persons to help locate victims of trafficking.

With regard to citizenship, the delegation referred to the Law on Citizenship, which was adopted in 1998, and which provided that all those who had Azerbaijani citizenship prior to the entry into force of the law or non-citizens of Azerbaijan or any other country who had registered at the place of their residency in Azerbaijan prior to the law maintained their citizenship. The law also provided that Azerbaijani citizenship was equal for everyone. Moreover, refugees who had been granted citizenship shall not lose their right of being able to return to other States and benefited from all laws applicable to other displaced persons. More than 255,000 Azerbaijanis who were citizens of Armenia but who were expelled from that country were granted citizenship of Azerbaijan. The law did not allow for anyone being deprived of his or her citizenship under any circumstances. Citizenship only ended if it was determined that the person acquired their citizenship through falsified documents. The delegation added that the new law ensured that there was no category for ethnicity in registration forms for citizenship.

Concerning the status of refugees, the delegation said the Law on Refugees and Stateless persons provided that those persons falling under these categories were entitled to the same rights as other persons in Azerbaijan. There was also a State Committee for refugees and internally displaced persons which was chaired by the Vice Prime Minister of Azerbaijan. The Government had been undertaking serious efforts to liberate the area occupied by Armenia to allow for refugees and displaced persons to return home. The State gave special preferential treatment to this category of persons and provided them with housing and other social welfare needs. The Government had been cooperating with the United Nations High Commissioner for Refugees as well as with donor countries to that aim. Moreover, Azerbaijan was a party to the Convention on the Status on Refugees and had been taking measures to implement that Convention and address the needs of asylum seekers as well. Between 2003 and 2005, around 320 people had been granted asylum in Azerbaijan. UNHCR had been providing assistance to Chechen refugees residing in Azerbaijan. Chechen refugees in general enjoyed the full rights enjoyed by other displaced persons in Azerbaijan. For those who were not considered refugees but could not return to their home country, their situation was currently being discussed between Azerbaijan officials and the International Organization for Migration. Training courses had also been conducted for border officials.

Regarding conflict-related issues, the delegation said the armed conflict in Nagorny Karabakh between Armenia and Azerbaijan was started by the expulsion of some 250,000 Azerbaijanis from Armenia and Nagorny Karabakh. When they arrived in Azerbaijan under very difficult circumstances, they were provided with humanitarian needs by the Azerbaijani Government. The delegation added that the tens of thousands of Armenians living in Azerbaijan today did not face any discrimination and benefited from the same rights as those enjoyed by Azerbaijanis. The delegation took the opportunity to outline the importance of adherence to Security Council resolutions, which called for, among other things, the demilitarization of the Nagorny Karabakh region of the Republic of Azerbaijan and other occupied territories of Azerbaijan and the permission for refugees to return home.

Concerning national minorities, the delegation said although Azerbaijani was the State language of Azerbaijan, languages used by ethnic minorities could be used freely without obstacles in the country; text books, magazines, newspapers, and media broadcasts were all available in languages other than Azerbaijani.

As to a question on how discrimination was addressed in domestic legislation, the delegation said the Azerbaijani Criminal Code contained several articles which dealt specifically with discriminatory acts. Moreover, any establishment of an organization inciting racial hatred or segregation was punishable by law. The Labour Code prohibited discrimination against any worker because of their nationality, race, gender, belief or language. The Criminal Procedure Code also provided for equality for all before the courts and their access to them. Equality before the law was also a principle of the State’s Civil Code. The delegation added that in Azerbaijani courts, in 2000 the court system was restructured which led to an increase in the number of court cases brought before it. Among other things, there were 129 murder cases brought before the courts none of which were related to racial discrimination acts. On a related question, the delegation noted that any person brought before the courts was able to address the court in their native language and the State provided for interpretation services when required.

In response to a question, the delegation said the General Prosecutor could bring cases against officials on matters pertaining to discrimination.

Concerning the implementation of the provisions of the Convention, the delegation said this responsibility was largely entrusted to law enforcement officials in Azerbaijan who had been undergoing special training on citizens’ rights with a particular focus on discriminatory acts.

Regarding stateless persons, the delegation noted that nearly 6,100 stateless persons in Azerbaijan had registered for citizenship; a large percentage were granted that right, thus reducing the number of stateless persons overall residing in Azerbaijan by some 80 per cent.

In response to a question, the delegation said that after Azerbaijan’s independence, large-scale economic reform measures were implemented. Among other things, the current foreign debt was reduced to 12 per cent of the GDP; unemployment had improved significantly; the rate of economic growth over the past ten years was about 10 per cent; investment grew by some 40 per cent; and wage and pension levels grew by 26 per cent. Moreover, structural reform was undertaken leading to the privatization of land thus allowing for improved land ownership for Azerbaijanis. A State programme to reduce poverty and improve economic development was also instituted in 2003 and consequently the Government managed to reduce poverty levels from 49 to 43 per cent. Over the past five years social expenditure had also increased significantly, including in the areas of health and education.

On labour issues, the delegation said the State’s employment policy aimed at ensuring an adequate standard of living for all citizens in Azerbaijan regardless of their background. The rapid economic growth experienced by the country led to the revitalization of the State’s labour policies. The Law on Employment, which was contributed to by the International Labour Organization, governed the legal side of employment in Azerbaijan and provided for equality for all workers in the State party. Amendments were made to the Labour Code to prohibit any insults and racial slurs against any workers in the workplace and to lay down employment practices as well as sanctions against employers for violations in terms of racial discrimination. The number of unemployed persons in Azerbaijan was 1.4 million, amounting to 10.7 per cent of the working age population, according to a survey jointly conducted by the Government and the United Nations Development Programme. As a result of a recent Government initiative, 100,000 jobs had been created out of a target of 600,000. Moreover, Azerbaijan had been singled out by the ILO for its excellent youth employment policy. The Government had drafted a youth employment strategy which was currently being reviewed by the President; it aimed to develop specific measures to improve employment opportunities for youth as well as for socially vulnerable members of society, including refugees and displaced persons.

Concerning social benefits for refugees and displaced persons, the delegation said several measures had been taken by the Government to improve their housing and their employment conditions in particular.

Regarding health matters, the delegation said the State’s policy on health stated that every citizen had the right to receive health care. In 1998, a health care reform plan was initiated by a Presidential decree; the President also created a Committee to oversee the implementation of the reform of health care. The reform was based on the principles of protecting the health of the population and developing the domestic medical system. Some ten laws pertaining to health matters were also enacted within the last few years. A national programme on AIDS prevention and family planning had been regarded as a milestone in Azerbaijan. Moreover, refugees and displaced persons were granted medical care at the full expense of the Government.


Preliminary Observations

TANG CHENGYUAN, the Committee Expert serving as country Rapporteur, thanked the delegation for its detailed presentation and replies to the questions raised by Committee members. Mr. Tang commended the Government of Azerbaijan for the positive steps it had undertaken with regard to the Office of the Ombudsman; its fight against human trafficking; and its assistance to refugees and displaced persons, in particular Chechen refugees and those stemming from the conflict in Nagorny Karabakh. The Rapporteur also noted as positive the detailed information received on nationality and the training of law enforcement personnel in the area of human rights.

Among other things, the Committee required additional information on ethnic groups living in Azerbaijan. Referring to reports received from non-governmental organizations on books published in Azerbaijan promoting Adolph Hitler, he said this demonstrated that the potential for racial profiling in Azerbaijan existed and therefore the State party should pay attention to these types of incidents.

Lastly, Mr. Tang said the high level of the delegation exemplified the importance to which Azerbaijan attached to the dialogue with the Committee.

For use of the information media; not an official record

CRD05014E