Report on Azerbaijan adopted on 28 June 2002 and made public on 15
April 2003
TABLE
OF CONTENTS
Foreword
Executive
summary
SECTION
I: OVERVIEW OF THE SITUATION
A.
International legal instruments
B.
Constitutional provisions and other basic provisions
-
Citizenship law
-
Legislation on National Minorities
C.
Criminal law provisions
D.
Civil and administrative law provisions
E.
Administration of justice
F.
Specialised bodies and other institutions
G.
Education and training/awareness-raising
H.
Reception and status of non-citizens
-
Refugees and asylum seekers
-
Long-term residents
I.
Access to public services
-
Access to education
J.
Employment
K.
Vulnerable groups
-
Armenians
L.
Religious groups
M.
Monitoring the situation in the country
N.
Conduct of law enforcement officials
O.
Media
P.
Situation resulting from the conflict over Nagorno-Karabakh
-
Areas currently not under the effective control of the Azerbaijani authorities
SECTION
II: ISSUES OF PARTICULAR CONCERN
Q.
General awareness of racism and racial discrimination
R.
Negative climate concerning Armenians
BIBLIOGRAPHY
APPENDIX
The
European Commission against Racism and Intolerance (ECRI) is a body of the
Council of Europe, composed of independent members. Its aim is to combat
racism, xenophobia, antisemitism and intolerance at a pan-European level and
from the angle of the protection of human rights.
One
of the pillars of ECRI's work programme is its country-by-country approach,
whereby it analyses the situation as regards racism and intolerance in each of
the member States of the Council of Europe and makes suggestions and proposals
as to how to tackle the problems identified.
In
December 1998, ECRI completed the first round of its country-by-country reports
for all the member States of the Council of Europe at that time. In January
1999, ECRI began implementing the second stage of its country-by-country work.
The second stage extends over four years (1999 - 2002) and again covers all
member States of the Council of Europe with the aim of producing a minimum of
ten individual country-by-country reports annually. This stage of ECRI
country-by-country work therefore includes the preparation of a report on the
situation as concerns racism and intolerance in Azerbaijan for the first time.
An
important stage in ECRI's country-by-country work is a process of confidential
dialogue with the national authorities of the country in question before the
final adoption of the report. A new procedure in the second round of country
reports is the organisation of a contact visit for the ECRI rapporteurs prior
to the drafting of the second report.
The
contact visit to Azerbaijan took place on 25-28 March 2002. During this visit,
the rapporteurs met with representatives of various ministries and public
administrations responsible for issues relating to ECRI's mandate. ECRI warmly
thanks the Azerbaijani national authorities for their wholehearted co-operation
in the organisation of the contact visit, and in particular would like to thank
all the persons who met its delegation each of whom provided much valuable
information on their own field of competence. ECRI would also like to thank the
Azerbaijani national liaison officer whose efficiency and collaboration were
much appreciated by ECRI's rapporteurs.
Furthermore,
ECRI would like to thank all the representatives of non-governmental
organisations with whom its rapporteurs met during the contact visit for the
very useful contribution they made to the exercise.
The
following report was drawn up by ECRI under its own responsibility. It covers
the situation as of 28 June 2002 and any development subsequent to this date is
not covered in the following analysis nor taken into account in the conclusions
and proposals made by ECRI.
|
Azerbaijan has taken some
positive steps over recent years which are relevant to combating racism and
intolerance. These include the ratification of some international legal
instruments of importance for combating racism and racial discrimination, the
adoption of codes and other legislation containing anti-discrimination
provisions as well as measures to improve provision of mother-tongue
education for the members of national minorities. The adoption of a constitutional
law establishing the Office of the Human Rights Commissioner also constitutes
an important step which can enhance the protection of persons living in
Azerbaijan from racism and racial discrimination. The adoption of measures to
tackle racism and racial, national, ethnic or religious discrimination is,
however, somewhat limited by a general lack of awareness of the incidence and
manifestations of these phenomena in the country. In Azerbaijani society, the
notions of racism and discrimination appear to be limited to the most extreme
and severe manifestations of these phenomena, whereas their most common
manifestations tend to be overlooked. However, there are persons who
experience direct and indirect discrimination in daily life in Azerbaijan,
including refugees, foreigners, members of minority religious groups and
Armenians. Discrimination is present across a range of areas. The role of the
conflict over Nagorno-Karabakh in determining this situation and in limiting
the response to these phenomena is stressed. In the present report, ECRI
recommends that the Azerbaijani authorities take action in a number of
fields. These recommendations cover, inter alia: the need to become aware of
the various dimensions of racism and racial, national, ethnic or religious
discrimination as a preliminary step to the adoption of measures to combat
these phenomena effectively; the need to fine-tune the relevant legislation,
including the adoption of comprehensive anti-discrimination provisions; the
need to address the situation of all refugees and the position of long-term
foreign residents; the need to monitor the situation as concerns the exercise
of freedom of religion; and the need to tackle the prevailing negative
climate concerning Armenians. |
SECTION I: OVERVIEW OF THE SITUATION 
A. International legal instruments
1.
Azerbaijan has ratified several international instruments relevant in the field
of combating racism and intolerance. On acceding to the Council of Europe in
January 2001, Azerbaijan committed itself to signing and ratifying, within one
year of its accession, the Convention for the Protection of Human Rights and
Fundamental Freedoms (ECHR), the European Convention for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment, the European Charter
for Regional or Minority Languages and the European Charter of Local
Self-Government. ECRI welcomes the ratification by Azerbaijan of the ECHR and
its Protocols N° 1, 4, 6 and 7, the European Convention for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment and the European
Charter of Local Self-Government. ECRI strongly encourages the Azerbaijani
authorities to sign and ratify Protocol N° 12 to ECHR as soon as possible. As
concerns the European Charter for Regional or Minority Languages, ECRI notes
that ratification of this instrument, signed by Azerbaijan on 21 December 2001,
is currently pending before the Parliament and encourages the Azerbaijani
authorities to complete the necessary work in this respect as rapidly as
possible.
2. On
acceding to the Council of Europe, Azerbaijan also committed itself to signing
the European Social Charter within two years of its accession, to ratifying it
within three years of accession, and to strive forthwith to implement a policy
consistent with the principles contained in the Charter. ECRI welcomes the
signature by Azerbaijan of the European Social Charter (revised) on 18 October
2001. Ratification of this instrument is currently pending before the
Parliament. ECRI hopes for a successful and timely conclusion of this process.
3. ECRI
understands that the Azerbaijani authorities have given priority to the
signature and ratification of those instruments listed in the commitments
entered into by Azerbaijan on acceding to the Council of Europe. However, ECRI
also encourages the Azerbaijani authorities to undertake, as soon as possible,
the necessary work for signing and ratifying the European Convention on
Nationality, the Convention on the Participation of Foreigners in Public Life
at Local Level and the European Convention on the Legal Status of Migrant
Workers. ECRI furthermore urges the Azerbaijani authorities to sign and ratify
the UNESCO Convention against Discrimination in Education. Azerbaijan ratified
the Framework Convention for the Protection of National Minorities on 26 June
2000.
4. In
the course of 2001, Azerbaijan ratified the 1966 Optional Protocol to the
International Covenant on Civil and Political Rights, allowing individual
communications to be considered by the UN Human Rights Committee, and accepted
Article 14 of the International Convention on the Elimination of All Forms of
Racial Discrimination, allowing individual communications to be considered by
the Committee for the Elimination of Racial Discrimination. ECRI welcomes these
developments and encourages the Azerbaijani authorities to ensure that the
general public is well informed of the possibility of submitting individual
communications to these committees.
5. In conformity with Article 148 of the Constitution, international
instruments ratified by Azerbaijan become part of the domestic legal system and
the provisions contained therein can therefore be applied directly in courts.
According to Article 151 of the Constitution, in case of conflict between a ratified
international agreement and domestic legislation (except the Constitution and
instruments adopted by referendum), the provisions of the international treaty
shall apply. Article 12 (2) of the Constitution states that human rights and
freedoms enumerated in the Constitution shall apply in conformity with
international treaties ratified by the Republic of Azerbaijan. ECRI encourages
the Azerbaijani authorities to ensure that judges and the rest of the legal
community are conversant with the provisions of international law binding on
Azerbaijan.
B. Constitutional provisions and other basic provisions
6.
Article 25 of the Constitution contains the principle of equality of all
persons before the law and the courts. According to this article, the State guarantees
equal rights and freedoms to every person irrespective of, inter alia, race,
nationality, religion, language, sex, origin and convictions. Restrictions of
rights and freedoms of persons or citizens on the basis of these grounds are
prohibited.
7.
Article 47 of the Constitution, which enshrines freedom of thought and speech,
provides that propaganda provoking racial, national, religious and social
discord and animosity is prohibited.
8.
According to Article 45 of the Constitution of Azerbaijan, everyone has the
right, and nobody may be deprived of the right, to use his or her mother
tongue. Everyone has the right to be educated, carry out creative activity in
any language, as desired.
9.
Further relevant provisions of the Constitution include Article 35 (4), which
stipulates that everyone has the right to work in safe and healthy conditions
and be remunerated for his or her work without discrimination, and Article 44,
which stipulates that everyone shall have the right to keep and nobody shall be
forced to alter, his or her national/ethnic affiliation. ECRI also notes that,
on 18 June 2002, the Parliament of Azerbaijan adopted in its first reading a
Constitutional Law on the Implementation of Human Rights and Freedoms in the
Republic of Azerbaijan, which partly incorporates the substantive provisions of
ECHR and its Protocols.
10.
Azerbaijan adopted a new citizenship law in September 1998, whose Article 3
reflects the constitutional principle of equality with respect to rights and
duties of the citizens of Azerbaijan. Article 5 of the citizenship law
conferred citizenship, inter alia, to stateless persons who had been registered
in a place of residence in Azerbaijan until 1 January 1992 if they applied
within one year of the entry into force of the Law, and to refugees who had
been settled in Azerbaijan from 1 January 1988 to 1 January 1992. On the basis
of these provisions, Azerbaijani refugees from Armenia, most Meskhetian Turks
and most formerly stateless political refugees from Iran were reportedly able
to obtain citizenship.
11.
Article 14 of the citizenship law sets out the necessary criteria to apply for
naturalisation: five years of residence in Azerbaijan and the knowledge of the
State language. The Azerbaijani authorities have stated that, since the entry
into force of the Law and the adoption of the relevant regulations, 48 persons
have obtained Azerbaijani citizenship through naturalisation. Although the
motivation for the decisions on the applications for naturalisation should, by
law, be provided to applicants, there are reports that some applicants have
been refused naturalisation without being explained the reasons of such refusal1. ECRI
strongly urges the Azerbaijani authorities to ensure that all applicants are
thoroughly informed of the motivations for the decisions on their applications.
- Legislation on National Minorities
12. At
present, no specific statutory legislation exists in Azerbaijan concerning the
rights of national minorities. The rights of national minorities are therefore
protected on the basis of the relevant constitutional provisions, primary legislation
not specifically dealing with this issue and a 1992 Presidential Decree
"On the Protection of the Rights and Freedoms of, and State Support for
the Development of the Language and Culture of, National Minorities,
Numerically Small Peoples and Ethnic Groups Living in the Azerbaijani
Republic".
13. On
acceding to the Council of Europe, Azerbaijan committed itself to adopting,
within three years of its accession (i.e. before 25 January 2004), « a law on
minorities which completes the provisions on non-discrimination contained in
the Constitution and the Criminal Code and replaces the presidential decree on
national minorities ». ECRI encourages the Azerbaijani authorities to prepare
such legislation in close co-operation with the Council of Europe and other
relevant interlocutors at national and international level and to adopt it as
soon as possible.
14.
Azerbaijan adopted a new Criminal Code in 1999. Article 61 of the Code stipulates
that an offence committed on the basis of racial, national or religious hatred
is considered to have been committed under aggravating circumstances. Article
111 of the Code prohibits: spreading ideas about the superiority of one race
over another; advocating racial hatred or instigating racial discrimination;
any activity with the purpose of arousing hostility or dissension among races,
religions or nationalities; and the direct or indirect restriction of rights or
the establishment of direct or indirect privileges for citizens on the basis of
the races, religions or nationalities to which they belong. Article 111
furthermore prohibits as specific offences the premeditated murder and
infliction of serious injuries motivated by racial, religious, national or
ethnic intolerance. Article 109 prohibits as a crime against humanity
persecution of a group of people or organization on the basis of a difference
in race, colour of skin, nationality, ethnic cultural or religious
appurtenance, that is a gross violation of fundamental rights of persons
because of their belonging to such groups or organisations. Articles 103 and
104 furthermore prohibit acts of genocide. The penalties provided for in case
of breach of the provisions contained in Articles 103, 104 and 111 is
imprisonment from 10 to 15 years or for life. Article 154 of the Criminal Code
punishes violation of the equality of citizens. Article 283 of the Criminal
Code prohibits acts aimed at incitement to national or religious hatred and
debasing of national dignity and discrimination.
15.
There have been no cases of application of these provisions to date. ECRI
considers that it is essential that specific training on the relevant
provisions against racism and racial discrimination be provided to all actors
involved in the criminal justice system, from the police to the prosecuting
authorities and the judges. As concerns more specifically discrimination, ECRI
stresses that the adoption of comprehensive civil and administrative legal
provisions would also be essential to effectively counter this phenomenon2.
D. Civil and administrative law provisions
16. The
principle of non-discrimination on the basis of, inter alia, a person's sex,
race, nationality, language, origin and religion is reflected in a number of
legal provisions contained, for example, in the Code of Civil Procedure and in
the laws on parliamentary, municipal and presidential elections. This principle
is also contained in legislation regulating certain sectors, such as labour
legislation3. However,
in Azerbaijan there are currently no comprehensive civil and administrative
anti-discrimination provisions covering discrimination in different fields of
life such as education, employment, housing, access to public and social
services and public places and contractual relations between individuals, and
providing for effective mechanisms of enforcement and redress. ECRI encourages
the Azerbaijani authorities to consider the adoption of such provisions. As
will be discussed below4, ECRI
stresses the fundamental role that a specialised body on combating racism and
intolerance could play in supervising the implementation of such
anti-discrimination legislation. ECRI furthermore believes that the debate
around the adoption of such legislation would stimulate research covering the
phenomena of direct and indirect discrimination and discrimination in the
private sphere as well as the extent to which these may be present in
Azerbaijan, as there appears to be a lack of awareness of these issues in
society in general5.
17.
Since 1994, the law provides that identification documents and passports do not
contain the indication of the ethnic origin of the holder. ECRI understands
that the Azerbaijani authorities intend to remove the indication of ethnic
origin from birth certificates as well. ECRI welcomes this plan and encourages
the Azerbaijani authorities to carry it out as soon as possible.
18. It
is generally reported that the judicial system in Azerbaijan does not yet
function in a fully effective and impartial manner. Problems persist as
concerns the independence and professionalism of the courts, the enforcement of
decisions and the infrastructure needed to support the judiciary, such as the
police and State administration. Problems of corruption, which the Azerbaijani
authorities recognise to be a phenomenon present in different areas of public
life in Azerbaijan, also concern the judicial system. This situation affects
the application of legislation in the area of racism and discrimination as it
does legislation in other areas. ECRI urges the Azerbaijani authorities to
continue and strengthen their efforts to develop an independent and effective
judiciary, which will enhance protection from infringement of all rights of
persons living in Azerbaijan, including the right to be free from racism and
discrimination.
F. Specialised bodies and other institutions
19. On
acceding to the Council of Europe, Azerbaijan committed itself to adopting,
within one year of its accession (i.e. before 25 January 2002), a law on the
Ombudsman. On 28 December 2001, the Parliament of Azerbaijan adopted a
Constitutional law establishing the Office of the Human Rights Commissioner
(hereafter: Ombudsman). The Office of the Ombudsman is expected to begin
functioning as soon as a person is elected to this post and budget and
facilities are allocated to it. The Ombudsman has the power to investigate the
complaints of any person, to issue non-binding recommendations and to propose
measures when he or she observes violations of human rights and freedoms by the
public administration. The Ombudsman may act on his or her own initiative as
well as upon the instigation of individuals and non-governmental organisations.
20. ECRI
welcomes these developments, hopes that a Human Rights Commissioner will soon
be elected, and urges the Azerbaijani authorities to ensure that sufficient
funds are allocated to the Office of the Human Rights Commissioner in order
that it may effectively carry out its mandate. ECRI stresses that it is
essential that this institution is widely known within Azerbaijani society and
encourages the Azerbaijani authorities to make all possible efforts in this
respect.
21. ECRI
also draws the attention of the Azerbaijani authorities to its general policy
recommendation No 2 ("Specialised bodies to combat racism, xenophobia,
antisemitism and intolerance at national level"), in which it stresses the
important role played by specialised bodies, such as commissions or ombudsmen,
in combating racism and discrimination and promoting equality of opportunity of
all groups in society. Specialised bodies play a fundamental role in providing
an effective means of redress for cases of discrimination and in supervising
the implementation of legislation against discrimination; they are also
essential to revealing hidden patterns of discrimination in various fields.
ECRI therefore encourages the Azerbaijani authorities to draw inspiration from
the above-mentioned policy recommendation and consider the possibility of
developing the competence of the Human Rights Commissioner in this field,
especially in the context of the possible adoption of comprehensive anti-discrimination
legislation, as suggested above.
G. Education and training/awareness-raising
22.
Civic education, which includes education in Human Rights, is compulsory in
grades 8th to 11th. In addition, it is being piloted as extra-curricular
activity in different primary schools. ECRI understands that an overall reform
of the education system is currently being put in place in Azerbaijan. In the
context of this reform, ECRI encourages the Azerbaijani authorities to devote
particular attention to the development of the Human Rights dimension in school
curricula for primary and secondary education with particular emphasis on the
principles of equality and non-discrimination and the notion of tolerance and
respect of difference. ECRI considers that the general goal should be to make
the teaching of these subjects compulsory at the primary and secondary level.
Initial and, possibly, on-going specialist training should be provided to
teachers of these subjects.
23. The
development of the Human Rights dimension also requires regular review of
school curricula and textbooks across all subjects - with a particular emphasis
on history teaching -- to ensure that these do not perpetuate prejudice and
stereotypes or favour the development of extreme nationalist, racist or
otherwise intolerant attitudes in school children. ECRI encourages the
Azerbaijani authorities to ensure that such a review cover possible prejudice
and stereotypes vis-à-vis the groups mentioned in Section K of this report.
H. Reception and status of non-citizens
24. As
mentioned below6, as a
result of the conflict over Nagorno-Karabakh there are at present hundreds of
thousands of refugees and internally displaced persons, for the most part
ethnic Azerbaijani, on the territory of Azerbaijan presently under the control
of the Azerbaijani authorities7. A State
Committee on Work with Refugees has been established to help solve the problems
faced by these persons. In addition to these refugees and internally displaced
persons, there are about 7,000 refugees, coming mostly from the Chechen
Republic of the Russian Federation but also from other countries in the region
such as Iran and Afghanistan, and smaller numbers of refugees from further
away. These persons are at present dealt with directly by the United Nations
High Commissioner for Refugees (UNHCR). Although a law on refugees exists,
Azerbaijan has not yet enacted a refugee determination procedure. Asylum
seekers with UNHCR cards are reported to be generally tolerated; nevertheless,
their presence in Azerbaijan remains illegal, a situation which makes them more
vulnerable to possible abuse from the authorities. Since these persons are not
entitled to any kind of assistance, nor to seek employment, they often live in
conditions of extreme poverty. Further problems include access to medical
services and access to school8. ECRI is
also concerned at reports that, especially after 11 September 2001, refugees
arriving at the borders of Azerbaijan have been routinely sent back without
being given a possibility to apply for asylum.
25. ECRI
is aware of the very difficult humanitarian situation presently prevailing in
Azerbaijan; however it encourages the Azerbaijani authorities to strengthen
their efforts to cater for the primary needs of all refugees present on the
territory of Azerbaijan. In this respect, ECRI urges the Azerbaijani
authorities to continue to co-operate with UNHCR in order to establish a
refugee determination procedure, thereby allowing the full application of the
law on refugees. Noting reports of intolerant speech present in the media
targeted at refugees from countries in the region, ECRI also encourages the
Azerbaijani media profession to ensure a more balanced reporting of events and
to refrain from the use of discourse which may fuel hostility and animosity
vis-à-vis refugees and asylum-seekers9.
26.
Although exact figures are not available, there are a few thousands foreigners
from countries in the region who have been living in Azerbaijan for many years.
These persons are mainly Afghan men married to Azerbaijani women, often with
children. Many of these long-term residents have managed to secure permanent
residence permits, and are therefore entitled to all basic rights on an equal
footing with Azerbaijani citizens, although, lacking Azerbaijani passports,
they cannot travel abroad. However, a certain number of long-term residents
have not managed to secure any legal status. Long-term residents without status
include persons who do not possess personal documentation or cannot prove their
marriage with Azerbaijani citizens. In spite of the long time spent living in
Azerbaijan and their family ties there, the lack of legal status puts these
persons in a particularly precarious and vulnerable situation, including at
risk of being deported. ECRI urges the Azerbaijani authorities to ensure that
all foreigners who are long-term residents of Azerbaijan are able to secure
legal status.
27. Very
few long-term residents have managed to obtain citizenship of Azerbaijan. The
Azerbaijani authorities have stated that most of the persons who have applied
for naturalisation were rejected as they did not fulfil the 5-year residence
requirement. However, applicants complain that the decisions rejecting their
applications do not contain the justification of the refusal. ECRI underlines
once more in this context the need for transparency as concerns the
naturalisation procedure10 and
stresses that long-term residents should be able to secure citizenship, in
conformity with the law.
28. The
Azerbaijani authorities have stated that all children in Azerbaijan are
entitled to go to school, irrespective of their legal status. There have been
reports, however, that children of Chechen refugees have been refused access to
schools. ECRI urges the Azerbaijani authorities to ensure that the right of all
children in Azerbaijan to go to school is respected in practice.
29.
Azerbaijan has a two-tier system of education in Azerbaijani and Russian at all
levels of education. In schools located in areas of compact settlement of
minorities there are classes taught in the language of the national minorities
(Lezgin, Tatok, Talysh and other). There are at present no schools with classes
in the Armenian language on the territory of Azerbaijan under the effective
control of the Azerbaijani authorities. The Government funds the publication of
textbooks in Russian, Kurdish, Lezgin, Tatok, Tsakur and Talysh. ECRI
encourages the Azerbaijani authorities to keep the situation as concerns
availability of mother tongue education under review and to ensure that it
reflects the genuine demand of the minority population.
30. The
Labour Code and the Law on Employment provide that in offering employment and
in defining the rights and duties arising from employment, employees shall not
be discriminated against on the grounds of sex, nationality, race or religion.
Infringement of this and other relevant provisions entail administrative
(Article 53 of the Code of Administrative Offences) as well as criminal
(Article 162 of the Criminal Code - Violation of labour protection rules)
responsibility. A State Labour Inspection supervises the implementation of the
labour legislation, including the provisions prohibiting discrimination. ECRI
has not been made aware of any cases where such provisions have been used.
However, the practice of favouritism as described below11, leads
ECRI to think that there are persons in Azerbaijan who may be vulnerable to
discrimination on the labour market. ECRI urges the Azerbaijani authorities to
promote research in the phenomenon of direct and indirect discrimination in
employment12 and
stresses that employment should be one of the areas covered by the body of
comprehensive civil and administrative anti-discrimination provisions suggested
above13.
This
section covers certain minority groups which may be particularly vulnerable to
problems of racism, discrimination and intolerance in the country in question.
It is not intended to provide an exhaustive overview of the situation of all
minority groups in the country, nor to imply that groups not mentioned face no
problems of racism and discrimination.
31. See
Section II of this report.
32.
Around 90% of the population of Azerbaijan practice Islam as their religion.
The rest of the population include Christians (Orthodox, Catholic and
Protestant), Jews and believers of other religions.
33. A
State Committee for Work with Religious Associations was established in June
2001 to carry out government policy in the sphere of religion, supervise the
observance by the religious associations of legislation concerning religious
matters, and improve communication between the religious associations and the
executive authorities. While the tasks of the Committee include countering all
illegal acts in the sphere of religion, the Azerbaijani authorities have stated
that the work of the Committee is particularly important for countering the
unlawful activities of non-traditional Christian and Muslim associations.
34. In
2002, all religious associations in Azerbaijan, which were previously
registered with the Ministry of Justice, were required to re-register with the
State Committee. The process of registration, which, at the time of writing, is
not yet finalised, has been subject to criticism by some religious associations
as well as by some Human Rights observers. The Azerbaijani authorities have
stated that all care has been taken to make religious associations aware of the
need to re-register and to ensure transparency as concerns the necessary
documentation to be submitted for registration. However, there are reports
indicating that some religious associations have suffered from lack of
information on the need to re-register and on the relevant documentation to be
submitted.
35. At
the time of writing, of the 406 religious associations previously registered
with the Ministry of Justice, 125 have been re-registered, around 100 have
their applications still under review and 2 have been refused. Many of the
previously registered religious associations, mainly of Muslim faith and
located in the regions, have not applied for re-registration. The Azerbaijani
authorities have stated that the associations which, at the end of the process,
will not secure registration will still be able to exist and function, although
they will be excluded from certain privileges recognised only to registered
associations and which are connected to possession of the status of legal
person, such as the right to open a bank account or apply for real estate.
However, there are reports that the police and local authorities have
obstructed meetings of religious associations, with or without registration.
ECRI urges the Azerbaijani authorities to look into these allegations and to
take appropriate action.
36.
Article 22 of the law on freedom of religious beliefs stipulate that religious
associations must seek permission from the State Committee before publishing, importing
or disseminating religious literature and other religious material. There have
been legal suits against religious associations violating such provisions. The
Azerbaijani authorities have stated that these provisions are necessary to
prevent dissemination of inflammatory religious material. ECRI stresses that
the need to prevent dissemination of such material should not result in the
infringement of the right of members of religious groups to practice their
religion through lawful means.
37. ECRI
is also concerned at reports that minority religious groups are often the
target of hostile and stigmatising propaganda in the media, particularly the
press. The State Committee has stated that it has taken action against
newspapers which have used this type of propaganda. ECRI underlines that the
use by the media profession of a discourse which may fuel hostility and
animosity vis-à-vis minority religious groups runs counter to the role the
media could play in promoting tolerance and respect of difference14.
M. Monitoring the situation in the country
38.
There appears to be a lack of reliable data concerning the situation of the
various groups in Azerbaijani society across a number of fields of social and
economic life, and concerning the incidence of discrimination. ECRI believes
that the absence of such data negatively affects Azerbaijani society's level of
awareness of discrimination15. The
Azerbaijani authorities have stated that collection of data broken down by
national origin, for instance in such fields as employment, is not necessary,
as any imbalances which may be found are not due to discrimination. However,
ECRI stresses that the collection of this type of data is important to help
uncover and remedy any problems, including differences related to direct or
indirect discrimination16. Such
system should pay due respect to the principles of confidentiality and
voluntary self-identification of persons as belonging to a particular group.
N. Conduct of law enforcement officials
39. It
is generally acknowledged that the conduct of Azerbaijani law enforcement
officials is often not in conformity with the full respect of human rights of
all persons. There are widespread reports of ill-treatment, arbitrary arrest,
detention, searches and seizures, extortions and corruption as well as of a
general lack of reaction against the officers who are responsible for these
acts. Abuses are particularly likely to be committed during the first 48 hours
of custody. Although this appears to be a general phenomenon, ECRI is concerned
that some groups of persons may be comparatively more vulnerable to this type
of behaviour on the part of the members of the police. As mentioned in other
parts of this report, the position of the members of minority religions and
foreigners without legal status appears to ECRI to be a particularly vulnerable
one.
40. ECRI
considers that, in order to address this situation, action should be taken to
improve the mechanisms to process complaints of unlawful behaviour on the part
of law enforcement officials. ECRI notes that a Special Directorate exists
within the Ministry of Internal Affairs which examines alleged infringements of
citizens' rights and freedoms by the police and refers cases involving criminal
liability to the General Prosecutor. However, ECRI encourages the Azerbaijani
authorities to consider the establishment of an independent commission which
would investigate all allegations of human rights violations by the police and
initiate, as necessary, criminal and disciplinary proceedings. ECRI also hopes
that the Office of the Human Rights Commissioner will play an active role in
this area.
41. ECRI
notes that human rights are integral part of the educational curriculum of the
National Police Academy and that they also feature in regular in-service
training provided to police officers. ECRI strongly encourages the Azerbaijani
authorities to strengthen both initial and on-going training of the police in
human rights and non-discrimination. ECRI stresses that such training should be
provided to all members of the police, including police officers of lower
ranks. In this respect, ECRI notes with interest that the Ministry of Justice
plans to use a United Nations Development Programme grant for police training
and strongly urges the Azerbaijani authorities to ensure that human rights feature
prominently in this initiative.
42. ECRI
notes that the printed media in Azerbaijan has sometimes resorted to
sensationalist reporting on issues relating to certain minority groups, such as
members of religious minorities and refugees and that they have contributed to
spreading hostile and stigmatising attitudes vis-à-vis the members of these
groups. ECRI stresses that the media has an important role to play in creating
an atmosphere of general tolerance and understanding between the different segments
of society and hopes that the media profession in Azerbaijan will take measures
to ensure it contributes to promoting such a climate. In this respect, ECRI
strongly supports the adoption and implementation by the media profession of
codes of self-conduct which would favour a more responsible type of reporting.
ECRI also invites the authorities to support initiatives undertaken by members
of the civil society and the media profession itself in the field of interest
to ECRI.
P. Situation resulting from the conflict over
Nagorno-Karabakh
43. For
now over a decade, Azerbaijan has been involved in an armed conflict over the
Nagorno-Karabakh region, a part of the territory of Azerbaijan mainly populated
by ethnic Armenians. At present, no ethnic Azerbaijani reportedly still live in
this region. As a result of this conflict, which has left thousands of both
civilians and military dead, Azerbaijan does not currently exercise effective
control on Nagorno-Karabakh as well as on other parts of its territory adjacent
to this region. Another consequence of this conflict is the presence of
hundreds of thousands refugees and internally displaced persons on the
territory of Azerbaijan under the control of the Azerbaijani authorities. These
include refugees from Armenia and persons displaced from Nagorno-Karabakh and
the adjacent regions, who are still unable to return to their homes. Although
other nationalities are also represented among these persons, the vast majority
of the refugees and displaced persons are ethnic Azerbaijani.
44. In
order to favour the full reconciliation of all people living in the region, the
restoration of mutual confidence among the members of the different communities
and, ultimately, allow the return of all refugees and displaced persons to
their homes in the full respect of their rights and dignity, ECRI calls on the
Azerbaijani authorities to pursue a constructive dialogue with all the relevant
national and international interlocutors with a view to solving the conflict.
In this respect, ECRI notes that, on acceding to the Council of Europe,
Azerbaijan undertook the obligation « to continue efforts to settle the
conflict by peaceful means only » and « to settle international and domestic
disputes by peaceful means and according to the principles of international law
[...], resolutely rejecting any threatened use of force against its neighbours
»17.
- Areas currently not under the effective control of the
Azerbaijani authorities
45. As
noted above, the current situation prevents ECRI from covering the position of
populations living in Nagorno-Karabakh and the occupied territories around this
region, as these parts of the territory of Azerbaijan are currently not under
the effective control of the Azerbaijani authorities, to which the present
report is addressed. In the framework of its mission, however, ECRI registers
its deep concern at reports of serious human rights violations in these areas.
It is not clear to ECRI whether any persons other than members of ethnic
Armenian communities are still present in these territories. ECRI is deeply
concerned, however, at reports of actions which are detrimental to the exercise
of human rights by the potential returnee population, such as the destruction
of mosques and places of worship of the non-Armenian displaced population of
Nagorno-Karabakh.
SECTION II: ISSUES OF PARTICULAR CONCERN
In this
section of its country-by-country reports, ECRI wishes to draw attention to a
limited number of issues which in its opinion merit particular and urgent
attention in the country in question. In the case of Azerbaijan, ECRI would
like to draw attention to the need for general awareness of racism and
discrimination and to the negative climate concerning Armenians.
Q. General awareness of racism and racial discrimination
46.
Azerbaijan continues to be in a process of consolidation of its adherence to pluralist
democracy, rule of law and respect of human rights. Such transition is
reflected in ongoing changes across all spheres of life, including the legal,
political, economic and social spheres. However, such changes are rendered more
difficult by different factors, including the situation resulting from the
conflict over Nagorno-Karabakh. In this context, problems of racism and racial
discrimination are not generally considered to be the main concerns for members
of the Azerbaijani society and there is a corresponding lack of awareness of
these issues.
47. The
very notions of racism and of racial, national, ethnic or religious
discrimination are generally understood in a very restrictive way, so as to apply
solely to the most blatant and overt forms of such phenomena. This restrictive
approach appears to be common among both public authorities and the general
public. The lack of cases brought under the relevant provisions of the Criminal
Code and other existing provisions in civil and administrative law is generally
interpreted by the Azerbaijani authorities as indicating that racism and
racial, national, ethnic or religious discrimination do not exist in
Azerbaijan. However, ECRI believes that discrimination in daily life is
overlooked by both the legislation and society at large.
48. ECRI
considers that in Azerbaijan, as in most other countries, discrimination is
unfortunately a phenomenon present in society. Although such phenomenon may not
always manifest itself in an obvious, direct and overt manner, it does exist in
daily life in forms which are often more covered and indirect. For instance,
although the legislation in force in Azerbaijan may not contain discriminatory
provisions, discrimination can sometimes be present in the way in which legal
provisions are applied in practice. Also, due to stereotyping and prejudice
concerning them, persons belonging to certain minority groups may not actively
seek access to or full enjoyment of, certain rights. This is the case, for
instance, of the Armenian population of Azerbaijan but also of other groups
such as certain religious minorities. Furthermore, provisions, criteria and
practices which are apparently neutral and do not discriminate directly, can
still put persons of a specific group at particular disadvantage. An
illustration of this comes from the practice of favouritism, corruption and
bribes which is widely recognised as prevalent in Azerbaijani society. It is
not infrequent that, in order to benefit from a service or to avoid adverse
treatment in a specific situation, one must either be closely linked to someone
who works within the public administration or pay a bribe. Such practice
benefits those with family members and close friends in public institutions and
disadvantages those without connections and unable to pay, amongst whom members
of minority groups are often comparatively more represented.
49. ECRI
considers that there is an urgent need for the Azerbaijani authorities and
society in general to become aware of the various dimensions of racism and
racial, national, ethnic or religious discrimination in daily life in
Azerbaijan. A thorough understanding of the ways in which these phenomena work
and an acknowledgment of their presence in society are necessary preliminary
steps towards the adoption of adequate policies and legislation to counter
them. Research and awareness-raising measures are obviously essential in this
respect. Just as an example, ECRI notes that, when members of minority groups
suffer disadvantage in Azerbaijan, the link to discrimination is not always
immediately obvious, particularly since ethnic Azerbaijani often face similar
difficulties. ECRI believes that research on the socio-economic situation of
members of different minority groups could help the Azerbaijani authorities to
assess the extent to which any imbalances found in such situations might be
connected to racial, ethnic, national and religious prejudice and
discrimination. The adoption of comprehensive and effective legislation against
racism and racial discrimination, as suggested in other parts of this report,
would obviously also be an important goal and stimulate the debate around these
questions.
R. Negative climate concerning Armenians
50. As
mentioned above, the conflict over Nagorno-Karabakh has resulted in a massive
displacement of persons. Thus, most of the Armenian population of Azerbaijan
left their homes during the conflict18. Today,
other than the Armenians living in Nagorno-Karabakh and in the occupied
territories of Azerbaijan, only some 20,000 Armenians - almost exclusively
persons married to Azerbaijanis or of mixed Armenian- Azerbaijani descent --
still live in Azerbaijan.
51. Due
to the conflict, there is widespread negative sentiment towards Armenians in
Azerbaijani society today. As a result, the Armenians today living on the
territory of Azerbaijan under the effective control of the Azerbaijani
authorities tend to shield their ethnic identity or, in any event, avoid
exposing it publicly. For instance, there is no Armenian national cultural
association, no school providing education in the Armenian language and none of
the Armenian Orthodox churches are functioning. The Azerbaijani authorities
have stated their readiness to support any requests on the part of the Armenian
population to establish such associations and schools or to resume the use of
the churches, but stress that no requests in this sense have been made. ECRI
considers that such lack of initiative on the part of the Armenian population
is a sign of the negative climate prevailing in Azerbaijani society vis-à-vis
Armenians.
52. Although
there are instances of public figures making positive statements and trying to
defuse tension - such as public rejection of views upholding the collective
guilt of Armenians for the conflict over Nagorno-Karabakh and calls for justice
for Armenians living in Azerbaijan - in other cases, public institutions have
contributed to fuel sentiments of animosity vis-à-vis Armenians. In general,
hate-speech and derogatory public statements against Armenians take place
routinely. In fact, the mere attribution of Armenian ethnic origin to an ethnic
Azerbaijani may be perceived as an insult, as illustrated by trials for slander
and insult opened by public figures against persons who had publicly and
falsely alleged their Armenian ancestry.
53.
Armenians today living on the territory of Azerbaijan under the effective
control of the Azerbaijani authorities are reported to have experienced
discrimination in different fields, including employment and the exercise of
property rights. One of the main problems remains the seizure of their
apartments by Azerbaijani refugees from Armenia, internally displaced persons
or criminals. Judicial proceedings opened by Armenians trying to protect their
property have reportedly not led to the restoration of their rights. Armenians
are also reported to have suffered from harassment at schools and at the
workplace and to have been refused pensions or renewal of permits to live in
Baku by local government authorities. There are also reports that low-level
officials seeking bribes harassed Azerbaijani citizens of Armenian origin who
sought to emigrate or obtain passports.
54. ECRI
urges the Azerbaijani authorities to ensure an adequate response to all
instances of discrimination and hate-speech against members of the Armenian
population, including through the use of the relevant legal provisions. It also
encourages the Azerbaijani authorities to contribute more actively to
generating a climate where Armenians may not feel threatened when exposing
their identity publicly.
55. ECRI
believes that a solution of the conflict over Nagorno-Karabakh would impact
positively on the general sentiment of the Azerbaijani population vis-à-vis the
Armenians, including those living at present on the territory of Azerbaijan
under the effective control of the Azerbaijani authorities. ECRI expresses its
hope that such a solution will be reached soon. In this respect, ECRI notes
that the Committee of Ministers of the Council of Europe has stressed the need
« to avoid any statements in favour of a military solution or likely to
strengthen enmity and hatred ». ECRI also stresses that situations of tensions
between communities are better avoided if the process leading to the
identification of a peaceful solution to the conflict is as transparent as
possible, i.e. if people are informed in a balanced way and prepared. ECRI
furthermore stresses that a return to life together in an atmosphere where
human rights are respected can only be brought about through the gradual
re-establishment of contacts and through the restoration of mutual trust
between the different communities. In this respect, ECRI expresses concern at
the lack of opportunities available at present for the members of civil society
throughout the territory of Azerbaijan and beyond, to resume dialogue. Pending
the identification of a peaceful solution to the conflict, ECRI therefore urges
the Azerbaijani authorities to support opportunities for civil society to meet.
This
bibliography lists the main published sources used during the examination of
the situation in Azerbaijan: it should not be considered as an exhaustive list
of all sources of information available to ECRI during the preparation of the
report.
1. CRI
(96) 43: ECRI general policy recommendation n°1: Combating racism, xenophobia,
antisemitism and intolerance, European Commission against Racism and
Intolerance, Council of Europe, October 1996
2. CRI (97) 36: ECRI general policy recommendation n°2: Specialised bodies to
combat racism, xenophobia, antisemitism and intolerance at national level,
European Commission against Racism and Intolerance, Council of Europe, June
1997
3. CRI (98) 29: ECRI general policy recommendation n° 3: Combating racism and
intolerance against Roma/Gypsies, European Commission against Racism and
Intolerance, Council of Europe, March 1998
4. CRI (98) 30: ECRI general policy recommendation n°4: National surveys on the
experience and perception of discrimination and racism from the point of view
of potential victims, European Commission against Racism and Intolerance,
Council of Europe, March 1998
5. CRI (2000) 21: ECRI general policy recommendation n° 5: Combating
intolerance and discrimination against Muslims, European Commission against
Racism and Intolerance, Council of Europe, April 2000
6. CRI (98) 80: Legal measures to combat racism and intolerance in the member
States of the Council of Europe, ECRI, Strasbourg, 1998
7. Law on Freedom of Religious Beliefs, 20 August 1992
8. Law on the Status of Refugees and Forcibly Displaced Persons (Persons
Displaced within the Country), 21 May 1999
9. Law on Citizenship of the Republic of Azerbaijan, 30 September 1998
10. Law on the Legal Status of Foreigners and Stateless Persons, 13 March 1996
11. Parliamentary Assembly of the Council of Europe, Doc 9294, December 2001
12. Parliamentary Assembly of the Council of Europe, Doc 9212, September 2001
13. Parliamentary Assembly of the Council of Europe, Opinion N° 222 (2000),
June 2000
14. Parliamentary Assembly of the Council of Europe, Doc 8757 revised, June
2000
15. Parliamentary Assembly of the Council of Europe, Doc 8748, May 2000
16. CERD/C/304/Add.75: Concluding observations of the Committee on the
Elimination of Racial Discrimination, United Nations, March 2001
17. CERD/C/SR/1359: Summary record of the 1359th meeting: Australia, Azerbaijan
26/08/1999, United Nations, August 1999
18. CERD/C/SR/1358: Summary record of the 1358th meeting: Australia, Azerbaijan
31/01/2000, United Nations, January 2000
19. CERD/C/350/Add.1: International Convention for the Elimination of All Forms
of Racial Discrimination - Second Report of State Parties due in 1999 -
Azerbaijan, United Nations, March 1999
20. CCPR/CO/73/AZE: Concluding Observations of the Human Rights Committee:
Azerbaijan, United Nations, November 2001
21. S/RES/822 (1993): Security Council Resolution 822 (1993), United Nations,
30 April 1993
22. S/RES/853 (1993): Security Council Resolution 853 (1993), United Nations,
29 July 1993
23. S/RES/874 (1993): Security Council Resolution 874 (1993), United Nations,
14 October 1993
24. S/RES/884 (1993): Security Council Resolution 884 (1993), United Nations,
11 November 1993
25. UNHCR Mid-Year Report 2000
26. UNHCR Mid-Year Report 2001
27. US Department of State "2000 Country Reports on Human Rights
Practices: Azerbaijan", February 2002
28. US Department of State "2000 Country Reports on Human Rights
Practices: Azerbaijan", February 2001
29. Amnesty International, Annual Report 2001
30. "Azerbaijan: Comments on the Initial Report submitted to the United
Nations Committee against Torture", Amnesty International (EUR 55/02/99),
October 1999
31. International Helsinki Federation, Annual Report 2001
The
following appendix does not form part of ECRI's analysis and proposals
concerning the situation in Azerbaijan.
ECRI wishes
to point out that the analysis contained in its report on Azerbaijan, is dated
28 June 2002, and that any subsequent development is not taken into account.
In
accordance with ECRI's country-by-country procedure, a national liaison officer
was nominated by the authorities of Azerbaijan to engage in a process of
confidential dialogue with ECRI on its draft text on Azerbaijan and a number of
his comments were taken into account by ECRI, and integrated into the report.
However,
following this dialogue, the governmental authorities of Azerbaijan expressly
requested that the following observations on their part be reproduced as an
appendix to ECRI's report.
Observations provided by the Authorities of Azerbaijan
concerning ECRI'S report on Azerbaijan
"Executive
summary
Para
II
It
should be noted that in Azerbaijan various minorities had lived together with
Azerbaijanis for centuries in peace and harmony. It may be stated that this
ethnic and religious multiplicity has been preserved in Azerbaijan to the present
day. It is a matter of fact that at no time in the history of Azerbaijan there
have been recorded cases of religious or ethnic intolerance and discord or
discrimination on ethnic or religious grounds.
The
spirit of tolerance existing in Azerbaijan has been especially mentioned in the
speech of His Holiness Pope John Paul II during his recent visit to Azerbaijan.
Mr.
Gerard Stoudmann, Director of the OSCE Office for Democratic Institutions and
Human Rights, in his opening statement at the OSCE Conference "The Role of
Religion and Belief: Searching for Ways to Combat Terrorism and
Extremism", held in Baky on 10-11 October 2002, pointed out the following:
"It is not by chance that this conference take place in Azerbaijan. This
country has a long tradition of different religious communities living together
in an atmosphere of tolerance".
Therefore,
the last three sentences of the report do not reflect the real situation and
represent a misinformation due to the superficial assessment of the situation
in Azerbaijan.
Para
III
Comments
on the phrase "and the need to tackle the prevailing negative climate
concerning Armenians", which is contrary to the facts, are given on the
content of Section II R of the report.
Section
I: Overview of the situation
E. Administration of justice
Para
18
The
second, third and forth sentences are working out in detail the first sentence
but at the same time do not reflect the ongoing process of reforming of the
judiciary.
H.
Reception and status of non-citizens
Para
25
The
last sentence of the paragraph refers to "reports of intolerant speech
present in the media", which are unknown to the Government. Since there is
a strong sense of solidarity between the society and refugees, it is
regrettable that report makes references to solitary instances, which create
distorted notion of the situation.
K.
Vulnerable groups
There
is no doubt that the reference in the report to certain minority group, which
by no means can be considered as "vulnerable", without careful
examination of the situation in general, results in unbalanced approach, which
can be overcame by deleting throughout the report of all above-mentioned
references. Otherwise, explanations and arguments in this regard, which are
given under Section II R, should be taken into consideration.
O.
Media
Para
42
There
are serious doubts that any sensationalist reports by the printed media in
Azerbaijan on issues relating to certain minority groups could contribute to
spreading hostile and stigmatizing attitudes vis-à-vis the members of these
groups. Changes made by replacing in the first sentence the expression
"often" with "sometimes" had slightly improved the text but
had not corrected the factual error therein.
P.
Situation resulting from the conflict over Nagorno-Karabakh
Paragraphs
43, 44 and 45
While
saying about the consequences of the conflict it should be pointed out that the
United Nations Security Council in its resolutions 822 (1993) of 30 April 1993,
853 (1993) of 29 July 1993, 874 (1993) of 14 October 1993 and 884 (1993) of 11
November 1993 had condemned the occupation of the territories of the Republic
of Azerbaijan, reaffirmed respect for the sovereignty, territorial integrity,
and inviolability of the borders of the Republic of Azerbaijan and the inadmissibility
of the use of force for the acquisition of territory. In our view, the phrase
in the draft report that "Azerbaijan does not currently exercise effective
control on Nagorno-Karabakh as well as on other parts of its territory adjacent
to this region" in no way can reflect the existing situation resulting
from the conflict. In fact not only the conflict itself but also especially the
consequences of the conflict, including first of all the continuing occupation
of a part of the territory of Azerbaijan, affect negatively all spheres of
country's daily life.
In
addition to another consequence of the conflict, mentioned in the draft report,
namely the presence of hundreds of thousands refugees and internally displaced
persons in Azerbaijan, it could be appropriate also to pay the attention to the
problem of missing persons as a result of the armed conflict. As at 28 June,
2002 there are 4965 citizens of Azerbaijan reported missing as a result of the
armed conflict. This total includes 320 women, 69 children and 358 elderly
people. The Azerbaijani side knows that 783 of these people, including 43
women, 18 children and 56 elderly people, were taken hostages or prisoners of
war and held at the territory of Armenia and the occupied territories of Azerbaijan.
Taking into account the seriousness of the problem, the Government of
Azerbaijan initiated the adoption on April 25, 2002 at the United Nations
Commission on Human Rights 58th session of the resolution 2002/60 entitled
"Missing persons".
In
regard to the intention of ECRI to call on the Azerbaijani authorities to
pursue a constructive dialogue with all the relevant national and international
interlocutors, as well as to remind the obligation of Azerbaijan undertaken on
acceding to the Council of Europe, it could be useful to add also the
following.
Since
February 1992 the process of mediatory efforts on the settlement of the
Armenian-Azerbaijani conflict within the framework of the Conference for
Security and Cooperation in Europe began. At the meeting of the CSCE Council of
Ministers held in Helsinki on 24 March 1992 the decision was adopted to convene
in Minsk a conference on Nagorno-Karabakh under the auspices of the CSCE as an
ongoing forum for negotiations towards a peaceful settlement of the conflict on
the basis of the principles, commitments and provisions of the CSCE.
The
United Nations Security Council had demanded as long ago as 1993 the immediate,
complete and unconditional withdrawal of all occupying forces from the occupied
areas of Azerbaijan.
Since
May 1994 the cease-fire is in force. On December 5-6, 1994 at the CSCE Budapest
Summit a decision was adopted, in accordance with which Heads of State and
Government of CSCE participating States established Co-Chairmanship of the
Minsk Conference for the coordination of all mediatory efforts within the CSCE
framework. The Budapest Summit tasked the CSCE Chairman-in-Office to conduct
negotiations aimed at the conclusion of a political agreement on the cessation
of the armed conflict, the implementation of which would lift the consequences
of the conflict and would permit to convene the Minsk Conference. The Summit
also decided to deploy the CSCE multinational peacekeeping force after the
achievement of the agreement between the Parties on the cessation of the armed
conflict, as well as to set up High-Level Planning Group aimed at the
preparation of the peacekeeping operation.
At the OSCE Summit held in Lisbon in 1996 the following principles were
worked out for settling the armed conflict, recommended by the Co-Chairmen of
the OSCE Minsk Group and supported by all the OSCE member states with the
exception of Armenia:
-
territorial integrity of the Republic of Armenia and the Republic of
Azerbaijan;
-
legal status of Nagorno-Karabakh defined in an agreement based on
self--determination which confers on Nagorno-Karabakh the highest degree of
self-rule within Azerbaijan;
-
guaranteed security for Nagorno-Karabakh and its whole population, including
mutual obligations to ensure compliance by all the Parties with the provisions
of the settlement.
Since
1999 direct talks between presidents of Armenia and Azerbaijan began. They did
not result in the conflict settlement due to destructive position of the
Armenian side. Up to now, despite unambiguous demands of the UN Security
Council and other international organizations Armenia continues to occupy
Azerbaijani territories and increases its military potential there.
Section
II: Issues of particular concern
Q. General awareness of racism and racial discrimination
Para
48
The
conclusions in the fifth sentence create incorrect and subjective perception of
the situation concerning the enjoyment of certain rights by persons belonging
to minorities.
R.
Negative climate concerning Armenians
Paragraphs
50-55
The
present part of the draft report, which has been compiled basically by using
unchecked and unbalanced information from various sources, will not be able to
have pretensions to be considered as a positive contribution in solving the problem
and, moreover, will give an opportunity for those who are not interested in
restoration of peace and good-neighbourly relations in the region to use it in
their own political agenda. In this regard the following information on some
historical phases of the Azerbaijani-Armenian relations and the root causes of
the present conflict makes the perception of information contained therein more
balanced, though the deletion of the above-mentioned paragraphs could had a
beneficial effect on the report in general.
It is
well-known, that by 1918, the number of Azerbaijanis in the present-day Armenia
stood at 575 000 - more than a third of all the inhabitants of the area. But as
a result of the Armenian Government's deliberate policy of expelling the
Azerbaijani population, there remains today in Armenia not a single Azerbaijani
out of that half million-strong community.
It is
a matter of historical fact that between 1905 and 1907, 1917 and 1918, 1918 and
1920 a series of large-scale bloody actions had been carried out by Armenians
against Azerbaijanis in various parts of Azerbaijan and present-day Armenia.
By
the Decree of the President of the Republic of Azerbaijan of March 26, 1998 the
Day of Genocide of the Azerbaijanis is commemorated every year in Azerbaijan on
31 March.
Over
the 70-years of Soviet rule, the Armenia conducted a policy of building an
"Armenia for Armenians only", expanding their territory at the
expense of Azerbaijani lands and using every possible means to expel
Azerbaijanis from their historical and ethnic lands. During this period, the
aforementioned policy was implemented systematically and methodically.
While
being even a part of the USSR, Azerbaijan faced the threat to its territorial
integrity and security. During the Soviet times the territories of Zangezur,
Goycha, a part of Nakhchivan and other regions were taken from Azerbaijan in
favor of the neighboring Armenia. As a result, the territory of Azerbaijan that
during the times of the Azerbaijan Democratic Republic (1918-1920) constituted
114 thousand sq. km. reduced to 86.6 thousand sq. km. On July 7, 1923 at the
initiative of the Moscow leadership of the Bolshevik party, the
Nagorno-Karabakh Autonomous region (NKAR) with dominating Armenian population
was artificially set up at the territory of Azerbaijan. This decision became
the first step on the way of goal-oriented policy of separation of
Nagorny-Karabakh from Azerbaijan.
Furthermore,
on the pretext of providing a labour force for the cotton-growing regions of
the Mugan-Milsk steppe in the Azerbaijani SSR, the resettlement of Azerbaijanis
from the territory of the Armenian SSR had been carried out in order to settle
the vacated lands with Armenians coming from abroad.
Consequently,
on December 23, 1947 the Council of Ministers of the USSR adopted Decision No.
4083 on resettling collective farm workers and other members of the Azerbaijani
population from the Armenian SSR to the Kura-Araks lowlands of the Azerbaijan
SSR. On March 10, 1947 the Council of Ministers of the USSR supplemented its
first decision with decision No. 754, which had outlined the planned measures
to resettle Azerbaijanis.
The
first section of the decision of December 23, 1947 indicates that between 1948
and 1950. "on the basis of the voluntary principle", 100 thousand
collective farm workers and other members of the Azerbaijani population living
in the Armenian SSR were to be resettled in the Kura-Araks lowlands of the
Azerbaijan SSR.
The
reason for the haste in drawing up this decision is abundantly clear from one
particular section of the decision, namely "to authorize the Council of
Ministers of the Armenian SSR to use buildings and living accommodation vacated
as a result of the resettlement of the Azerbaijani population to the Kura-Araks
lowlands for the installation of Armenians coming from abroad".
All
the necessary measures were taken to enforce the decision to drive Azerbaijanis
from Armenia. In 1948 a total of 10 584 Azerbaijanis were resettled from
Armenia in various regions of Azerbaijan. Between 1948 and 1950, 34 383 people
were resettled from the Armenian SSR. Large-scale resettlement continued right
up to Stalin's death in 1953 and only then the numbers begin to decrease.
According to official records, 53 thousand Azerbaijanis were resettled in the
Kura-Araks lowlands region alone. However, this is not a complete list of the
people who were resettled or forced to migrate from Armenia. Most of the people
resettled from mountain pasture in Armenia were unable to adapt to the
environment of the Mugan-Milsk steppe and either died or were forced to move on
to other regions of Azerbaijan.
Thousands
of Azerbaijani families were forced to flee not just to various regions of
Azerbaijan, but also to other Republics of the USSR.
In
February 1988, at the session of the regional Soviet of NKAR, without the
participation of Azerbaijani deputies a decision was adopted on the withdrawal
of the NKAR from Azerbaijan and its joining Armenia. On December 1, 1989 the
Supreme Soviet (Parliament) of the Armenian SSR adopted a decree, which is
still being in force, on the annexation of the Nagorno-Karabakh region of
Azerbaijan to Armenia. This and other similar decisions of the Armenian side,
aimed at the unilateral separation of a part of territory of Azerbaijan from it,
contradicted the Constitutions of the USSR and Azerbaijan SSR, according to
which the territory of a union Republic could not be changed without its
consent. The borders between union Republics could be changed by mutual
agreement of respective Republics, to be confirmed by the USSR.
Despite
the affirmations of the Armenian side which, by spreading disinformation about
alleged violations of the rights of persons belonging to the Armenian minority
in Azerbaijan, tries to justify its aggressive policy towards Azerbaijan, the
former NKAR, a number of residents in which before the conflict were 186,1
thousand (138,6 thousand Armenians (73,5%) and 47,5 thousand Azerbaijanis
(25,3%), had acquired all the basic elements of self-government and achieved
considerable progress through its social, economic and cultural development.
In
fact the NKAR was developing more rapidly than Azerbaijan as a whole.
Accordingly, the statistics and NKAR's experience of development within
Azerbaijan confirm that the form of autonomy which had evolved was entirely
appropriate to the specific social, cultural, national and daily needs of the
population of the autonomous region.
The
mass expulsion since 1988 of Azerbaijanis, from NKAR and Armenia (there more
than 200 thousand Azerbaijanis were expelled from Armenia) resulted in complete
ethnic cleansing of these territories from all non-Armenians. The Soviet
leadership was not able to stop anti-constitutional actions of Armenia and
prevent from sending military units and terrorist groups to the territory of
Azerbaijan.
In
accordance with the Law adopted by the Supreme Soviet of the Republic of
Azerbaijan on November 26, 1991 the NKAR had been abolished. One of the reasons
of this decision was that the creation of NKAR had promoted deepening national
enmity between the Azerbaijan and Armenian peoples.
Full-scale
hostilities began to unfold end 1991/early 1992. Armenian armed units, using
most sophisticated weapons systems, expanded their military operations in
Nagorny Karabakh, the culmination of which were the seizure in February 1992 of
the Khojaly town, resulted in deaths of over 600 civilians, including women,
children and elderly people, occupation in May 1992 of the Shusha town and
Shusha district. As a result of these actions, all Azerbaijani population was
expelled from Nagomy Karabakh, which had been completely occupied. By the
seizure of Lachin in May 1992, the territory of the former Nagorno-Karabakh
Autonomous region was joined with Armenia.
Afterwards,
the military operations have spread beyond the confines of the region and have
extended to other territories of Azerbaijan outside the administrative borders
of the region, as well as to the Azerbaijan-Armenia border. Six more districts
were occupied by Armenia.
It is
regrettable that while drafting the relevant parts of the report concerning
Armenians the rapporteurs have not found necessary to take into consideration
the fact that despite the cease-fire regime the two countries are still in a
state of war and a part of Azerbaijan is still under the military occupation.
It is also regrettable that, while insisting on the so-called negative climate
concerning Armenians, the rapporteurs have not expressed their interest to meet
with Armenians living in Baky in order to get information at first hand. The
preference to unchecked information resulted, in our view, in predominance of
subjectivity in some parts of the draft report. In this regard the Section II R
of the draft report should be either deleted or redrafted in accordance with
the above-mentioned information."