Twinning Fiche Project Title: Strengthening the Capacity of State Bodies and Local Level Referral Mechanisms to Provide Safety A

Twinning Fiche

Project Title: Strengthening the capacity of State bodies and local level referral mechanisms to provide safety and support to victims of domestic violence in Azerbaijan

Beneficiary Administration: The State Committee for Family, Women and Children Affairs of the Republic of Azerbaijan

Twinning Reference: AZ/16/ENI/JH/01/19(55)

Publication Notice Reference: EuropeAid/165631/DD/ACT/AZ

EU Funded Project

TWINNING TOOL

1. Basic Information 1.1. Programme: Annual Action Programme 2016 for the Republic Azerbaijan ENI/2016/039-391 For British applicants: Please be aware that eligibility criteria must be complied with for the entire duration of the grant. If the United Kingdom withdraws from the EU during the grant period without concluding an agreement with the EU ensuring in particular that British applicants continue to be eligible, you will cease to receive EU funding (while continuing, where possible, to participate) or be required to leave the project on the basis of Article 12.2 of the General Conditions 1 to the grant agreement.

1.2. Twinning Sector: Justice and Home Affairs 1.3. EU Funded Budget: 1 million Euro 2. Objectives 2.1. Overall objective: The overall objective of the Project is enhancing legal protection and support for victims of domestic violence in approximation with the EU standards.

2.2. Specific objectives Strengthening the capacity of State bodies and local level referral mechanisms to provide safety and support to victims of domestic violence in Azerbaijan.

2.3. The elements targeted in strategic documents i.e. National Development Plan/Cooperation Agreement/Association Agreement/Sector Reform Strategy and related Action Plans EU-Azerbaijan Agenda The EU adopted Annual Action Programme 2016 (AAP) on the assistance to Azerbaijan in the areas of economic, financial and judicial governance. The AAP 2016 foresees an increase of legal protection, safety and support for women, victims of domestic violence, through an increased capacity of local referral mechanisms and State bodies. Particular attention will be given to training of professionals that come in contact with victims of gender based violence, strengthening the knowledge and capacity of the State Committee for Family, Women and Children Affairs to regulate and guide professionals involved in referral mechanisms (police, social workers, legal assistance). NGOs are also provided with means needed to join hands with State authorities in increasing awareness about gender-based violence as a way to prevent such violence.

Governmental Policy and Strategy Azerbaijan’s Constitution guarantees full gender equality between men and women (Art.25), provides the equal status of men and women within marriage (Art.34), reflects the requirements of all international treaties (Art.12), including Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”);

The Law “On Guarantees of Gender Equality” (“Gender Equality Law”) enacted in 2006 prohibits gender discrimination in employment, education, economic and social relations, advertisements, and politics. Article 2 provides definition of gender discrimination as, “sexual harassment, any distinction, exclusion or privilege [sic] curtailing or denying exercising rights on the grounds of gender.” The law provides equal pay for equal work between men and women, and prohibits discriminatory hiring practices except where positive discrimination allowed by the Labour Code of Azerbaijan. The law grants victims of discrimination the right to recover monetary damages. In addition, the Government adopted a number of laws conducive to the elimination of discrimination against women and promoting gender equality, including the Law on Amendments to the Family Code, setting the minimum age of marriage at 18 years for both women and men, in 2011; Amendments to the Criminal Code criminalising trafficking, including a provision on forced and child marriages (art. 176-1), in 2011. The most important legal document on domestic violence is the Law of the Republic of Azerbaijan on the Prevention of Domestic Violence adopted in 2010. The adoption of the Law on Prevention of Domestic Violence has yielded certain results and Azerbaijan received 28 recommendations during its 2013 Universal Periodic Review surrounding the state of women’s human rights in the country, relevant to issues of domestic violence. Even if Azerbaijan has accepted all recommendations and the Government is taking efforts on implementation of these recommendations, this process needs to be monitored which requires further efforts from the Government. The Law on the Prevention of Domestic Violence aimed to provide comprehensive measures for the social, medical and psychological protection for victims of violence. The Law provides regulations of activities carried out to prevent violence committed by the close family members, current or former, living together and generated negative legal, medical and social consequences. The Law also provides social protection and legal aid for persons affected by domestic violence, as well as eliminates the circumstances leading to domestic violence. The Law provides the procedure for consideration of complaints; organises the issuance of “Protection orders” to victims of domestic violence.

3. Description 3.1 Background and Justification Violence, including domestic violence is still an ongoing issue in the country. In addition, the situation was complicated by the fact that in 2012 a fine replaced the criminal liability for causing physical harm. All this is just "unleash" the hands of those who systematically are abusing women. Data for the last two years indicates an increase in domestic violence in the country. In 2016, 897 crimes relevant to domestic violence

were registered. Out of them, 791 women and 4 children affected. 29 women were killed. In addition, 102 men suffered from domestic violence1. According to the data of the Ministry of Internal Affairs in 2017, 2145 crimes, acts of violence, have been committed against women, 39 of these crimes ended fatally for women. The number of domestic violence crimes, based on family disputes or/and jealousy, etc. were 954. The total crimes committed against women include 65 intentional murders, 178 sexual assaults, 191 deliberately causing suicides, 1157 deliberate minor injuries, 165 deliberate harms to health, 9 tortures, 22 kidnappings (19 - bride kidnappings for marriage)2.For these unlawful acts, 2993 people were indicted (brought to judicial responsibility). No public records of forced marriage or limitation of women’s rights were registered during this period. In comparison with previous years, the number of such crimes has declined3. Institutional Framework The State Committee for Family, Women and Children The State Committee on Women’s Affairs, established by a Presidential Decree on January 14th, 1998, was given a broadened mandate on August 9th, 2006 (Presidential Decree N° 444), when it was reformed into State Committee for Family, Women and Children Affairs (SCFWCA). The SCFWCA is national machinery responsible for formulating and pursuing State policy on all aspects of women’s rights and empowerment, along with the implementation of CEDAW. According to a Charter of the SCFWCA approved by the Decree of the President of the Republic of Azerbaijan in 2006, the Committee is a central executive power body implementing and regulating the state policy on family, women and children’s issues. The duty of the Committee is to: 1) Ensure human and civil rights and freedoms, particularly those of women and children and prevent violation of these rights within its authority; 2) Implement normative regulation in the appropriate field concerning its competencies given by the legislation; 3) Participate in elaboration of state program drafts in the appropriate field; 4) Ensure implementation of state programs and development conceptions within its authority; 5) Coordinate other executive bodies’ work in the appropriate field; 6) Ensure implementation of the national treaties ratified by the Republic of Azerbaijan within its authority;

1T.Ibragimova, the Head of the Legal service Department of the SCFWCA.Article of the Azeri Today newspaper.https://azeri.today/articles/4062/ 2 Data collected from the Ministry of Internal Affairs of the Republic of Azerbaijan. October 2018.

3 Data collected from the Ministry of Internal Affairs of the Republic of Azerbaijan. October 2018. 4

7) Consider applications and complaints connected with the Committee’s activity and measures according to the state legislation; 8) Elaborate legal act drafts in appropriate field and participate in their elaboration; 9) Conduct research, analysis and generalisation on the appropriate field, prepare analytic information and give recommendations; 10) Elaborate and implement projects covering television and radio programs. The full text of the presidential Decree establishing the SCFWCA is presented in Annex 3 of the present twinning fiche.

3.2. Ongoing reforms In order to ensure a harmonised approach in the realisation of gender equality in the country gender focal points were appointed at the ministries and in the offices of the local executive powers in all districts of the country. In the framework of the pilot project implemented by the INGO Save the Children Family and Children Support Centres were established in 2006 to serve people with disabilities and those at risk. Currently, these Centres are acting under the State Committee for Family, Women and Children Affairs and the Committee extended their services. Nowadays, there are 11 FCSCs4 working in three directions: family, women and children. They are authorised to regularly conduct social and psychological work with families in difficult life circumstances, including victims of domestic violence. The number of staff of FCSCs ranges between 6 and 11 and it includes social work specialists in different areas: psychology, pedagogy, speech therapy, law. In order to enforce implementation of the Law on Prevention of Domestic Violence by relevant stakeholders, special Monitoring Groups (MGs) on Gender Based Violence and Violence Against Children have been created at the local executive powers in each region of the country in 2015. Other institutions which also play a particular role on such goal are: the Commission on Guardianship and Patronage and the Commission on Protection of minors’ rights and affairs are functioning under supervision of the local executive powers and are dealing with prevention of domestic violence and assistance in defending the interests of juveniles and incapable family members who became victims of domestic violence. Representatives of health, education, police, and social protection departments are represented in the MGs. The psychologist of the Commission on Protection of Minors’ Rights and Affairs under the Executive Power is also a member of MGs. The Deputy Head of the Executive Power chairs the MGs. Currently, 78 Monitoring Groups established under Executive Authorities in the country.

4FCSCs in Shuvalan, Goranboy, Zaqatala, Qabala, Ismailli, Goygol, Agdam, Hajiqabul, Saatli, Sabirabad, Zardab.

Issues to be addressed by this Project Criminalisation The country has relevant legislation that addresses domestic violence. However, domestic violence offences are not criminalised. Due to social and cultural norms, domestic violence is largely a private matter in Azerbaijan, resulting in the normalisation of abuse and underreporting of cases. Under such circumstances, there is a need for full coverage in society of problems associated with the manifestation of different forms of domestic violence, parenting negative attitudes towards those facts and shaping public opinion on accepting measures on criminalisation of domestic violence. National Referral Mechanism Key state agencies5 and CSOs are involved in the work on implementation of the Law on Prevention of Domestic Violence, however, the activities are fragmented and not well coordinated. State agencies officials and staff are not so familiar with the methodologies for determining the categories of domestic violence and violence against women, gender perspective is fully identified as women’s issue and lacking gender approach. The SCFWC wishes to promote the establishment of an official state coordination mechanism/institution to oversee the implementation of the domestic violence law and policies. MGs are responsible for monitoring the situation with regard to gender based violence and violence against children in the regions, checking the efficiency of the carried out activities, identification of vulnerable families and provision of necessary support, analysis of reasons for violence, discussion over severe cases of violence and coordination of activities on protection and support of victims. However, there is no legal or policy background, neither approved regulation for the work of MGs. This limits MGs’ opportunities to access to relevant data on cases of domestic violence collected by different responsible state agencies, including police. Therefore, there is a need to enhance the legal status of Domestic Violence Monitoring Groups. There is no comprehensive data analysis on complaints, investigations, prosecutions and convictions of cases of domestic and sexual violence, disaggregated by sex, age, urban and rural areas. This limits understanding of a clear situation and nature of domestic violence and undertaking proper measures to counteract the domestic violence. The available data collected by relevant key state agencies is not systematised on methodologies for data collection, as well, there is a lack of mechanisms for monitoring, evaluation and analysis of relevant data for further use in domestic violence prevention activities, including awareness-raising campaigns by various stakeholders: the State, civil society, and international organisations. Improved advocacy methodologies and tools translating MG’s findings into clear examples of recommendations will help advocate on incorporation of provisions on

5Ministry of Labour and Social Protection of Population, Ministry of Education, Ministry of Interior, Ministry of Justice, Prosecutor’s Office, local authorities and Family Support Centres under SCFWC. 6

functioning of Monitoring Groups to the Law on Prevention of Domestic Violence in Azerbaijan and to promote criminalization of domestic violence. In practice, the MGs readdress their work to the existing FCSCs and due to the lack of clear definition of responsibilities between both structures there is a duplication of their activities. There is a need to establish a strong National Referral Mechanism for victims of Domestic Violence, with the clear gender based violence indicators and referral guidelines to be followed by all state agencies and CSOs involved in implementation of the Law on Prevention of Domestic Violence. Awareness raising Domestic violence prevention activities require broad public awareness and building movement to combat domestic violence in society. Various stakeholders, including the State, civil society and international organizations should initiate and support awareness- raising campaigns. It is necessary to organizes specific trainings for journalists, local TV reporters on proper highlighting the issues relevant to domestic violence. Mass-media campaigns on increasing understandings of gender equality and the dissemination of information on gender-based violence should also be developed with a long-term perspective. Developing networks will bring together all institutions involved in activities to address domestic violence, will strengthen inter-agency cooperation and promote establishment of the Coalition against domestic violence in the country. Detailed information is available in Annex 2. “Assessment report on efficiency of performance of Monitoring Groups” and Inception report. 3.3. Linked Activities EU Funded Activities NEAR-TS/2015/371-930 “Enabling civil society to play a greater role in advancing gender equality and women’s rights”. The specific objective of this project was to build capacities of the non-governmental organisations to advance the gender equality agenda through human-rights based approach; to strengthen capacities of women activists to better exercise their right to social participation; and enable vulnerable women to better exercise their economic rights. As a result of the project, a legal education guide for NGOs on CEDAW Convention was developed. New Women’s Resource Centres established and their staff gained training on women’s social participation in rural areas. OHCHR – “Enhancing the capacity of national actors in promoting and effectively protecting human rights”. The project goal is strengthening the role of the civil society and lawyers’ community members to promote and effectively protect human rights under the United Nations human rights system. 150 members of the CSOs and lawyers’ community from Baku and the regions of Azerbaijan (Ganja, Lankaran, Sheki and Mingechavir) increase their knowledge of international human rights standards, acquire

practical skills in monitoring of human rights, and enhance their capacity to assess and report on the human rights situation in the country.

Other Relevant Donor Projects  “Global Programme to Prevent Son Preference and Undervaluing of Girls”, UNFPA with the financial support of the EU, 2017-2019.  “Economic Costs of Violence against Women in Azerbaijan”, UNFPA, 2018-2019.  “Combating Gender-Based Violence (GBV) in Azerbaijan”, UNFPA with the financial support of the USAID, 2016-2018.  “Prevention and Response to SGBV in IDP Communities”, UNCHR, 2018.  “Enabling civil society to play a greater role in advancing gender equality and women’s rights”, EU, UNDP, 2018-2020. 3.4. List of applicable Union Acquis/standards/norms  Regulation (EU) No 606/2013 of 12 June 2013 on mutual recognition of protection measures in civil matters;  Directive 2012/29/EU of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime;  Directive 2011/99/EU of 13 December 2011 on the European protection order;  Directive 2011/36/EU of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, replacing the Council Framework Decision 2002/629/JHA (30). It establishes minimum rules concerning the definition of criminal offences and sanctions in the area of trafficking in human beings, and also introduces common provisions, taking into account the gender perspective, to strengthen the prevention of this crime and the protection of the victims thereof (Article 1);  Directive 2010/41/EU of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity;  Directive 2006/54/EC of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast). This Directive defines harassment and sexual harassment as discriminations on the grounds of sex;  Directive 2004/113/EC of 13 December 2004 on implementing the principle of equal treatment between men and women in the access to and supply of goods and services. This Directive provides a definition of sexual harassment.

3.5. Results per component Mandatory Result 1/ Component 1: Efficient legal policy for the full implementation of the Law on Prevention of Domestic Violence developed

Sub-result: Enhanced legal status of Domestic Violence Monitoring Groups (MGs) through the development of specific legal and policy amendments package supporting activities. Sub-result: Roadmap for the extension of the mandate of the MGs developed. Sub-result: Strategy for the inclusion of village municipalities to the MGs and FCSCs developed. Sub-result: Impact assessment and analysis of legislative options and their costs provided prior to a legislative drafting process. Sub-result: Enabling legal environment for criminalisation of domestic violence defined and legislative proposals to amend the penal code developed. Sub-result: State coordination and follow-up mechanism on the implementation of the domestic violence law and policies established. Mandatory Result 2/ Component 2: Institutional capacities of the SCFWCA and MGs strengthened

Sub-result: National Referral Mechanism for victims of Domestic Violence established. Sub-result: Domestic Violence Indicators and Referral Guidelines developed. Sub-result: Risk Assessment Criteria for repeated domestic violence prepared. Sub-result: Training plan for MG members, SCFWC and the FCSC staff developed and delivered. Sub-result: Training plan on women’s rights and the treatment of domestic violence cases according to national law and European standards for city and regional judges developed and delivered. Sub-result: Methodology of collection, analysis and reporting on different types of domestic violence designed. Sub-result: Mechanism on Legal and psychological assistance for victims of domestic violence established Sub-result: Rehabilitation Programme of perpetrators developed.

Mandatory Result 3/ Component 3: Campaign to raise awareness of general public conducted

Sub-result: Programme on conducting nation-wide public awareness-raising campaigns developed. Sub-result: Specific training manuals for journalists of visual and print media, as well as PR staff of SCFWCA, line Ministries, MGs members, CSOs developed. Sub-result: Training plan for journalists, CSOs, MG members and staff of the FCSCs (approx. 110 people) on conducting Domestic Violence awareness-raising campaigns developed and delivered Sub-result: The network of relevant organisations, including state agencies, civil society, and international donors, working on implementation of the Law on Prevention of Domestic Violence established . Other Result Area: Note that all reports, written manuals, guidelines and checklists and other output materials should be translated into the Azerbaijani language and distributed to appropriate persons within SCFWC and other key stakeholders.

3.6. Means/Inputs from the EU Member State Partner Administration 3.6.1. Profile and tasks of the Project Leader (PL) Requirements

 A minimum of 3years of professional experience, at a senior management level, in MS public service dealing with gender equality, prevention of violence against women or similar;  University degree in equivalent field or equivalent professional experience of 8 years;  Excellent knowledge of EU policies, legislation and institutional set up related to the areas Justice, Home Affairs and Fundamental Rights of the EU Acquis;  Adequate IT literacy  Working knowledge in written and spoken English

Tasks  Overall coordination, conceiving and supervising of the project;  Preparing the project progress reports with the support of the RTA;  Co-chairing the Project Steering Committee;  Communicating with the beneficiaries and Delegation of the European Union to Azerbaijan EUD) together with RTA;  Guarantee from the MS administration side, successful implementation of the project;

3.6.2. Profile and tasks of the Resident Twinning Advisor (RTA) Requirements

 University degree in equivalent field or equivalent professional experience of 8 years;  3 years of relevant professional experience in the human rights body/agency/ministry or within the judiciary or law enforcement sector in EU Member States;  Previous experience in project management;  Working knowledge in written and spoken English

Tasks  Day to day management of the project in the beneficiary institution;  Assist with organisation of visibility events (kick-off and final event);  Assist with organisation of Steering Committee meetings;  Participation in Steering Committee meetings;  Coordinating MS experts’ work and availability;  Monitoring and evaluating the needs and priorities in the respective sector, project risks, progress against the project budget, benchmarks, and outputs, and taking any necessary remedial actions if needed;  Networking with institutions relevant to this project in Azerbaijan and in EU MS;  Assessing continuously the Twinning-project at all stages and comparing actual progress with the specified benchmarks and time-frame;  Liaising with the BC Project Leader and RTA Counterpart on regular basis;  Liaising with the EU Delegation and the PAO of Azerbaijan;  Assist with preparing interim, quarterly and final reports;  Reporting to the MS-Project Leader.

3.6.3. Profile and tasks of Component Leaders Tasks for all component leaders

 Coordination and implementation of the project activities related to their component in close cooperation with the BC component leader, RTA and RTA counterpart;  Continually monitoring objective achievements related to their component and comparing actual progress with the specified benchmarks and time-frame;

 Support RTA in preparation of the interim, quarterly and final reports related to their component. Assets for all component leaders  Previous capacity building experience

Component leader 1 Requirements  University level education or professional experience of 8 years in a field relevant to this assignment  Good command of written and spoken English;  Computer literacy;  Minimum 3 years of experience in defining and/or assessing Gender Based Violence. Assets  >3 years of experience in defining and/or assessing Gender Based Violence;  Experience in use of models assessing impact of GBV prevention;  Experience with monitoring and evaluation frameworks;  Experience in protection and promotion of women’s rights.

Component leader 2 Requirements  University level education or professional experience of 8 years in a field relevant to this assignment  Good command of written and spoken English;  Computer literacy;  Minimum 3 years of experience in institutional development programming and/or monitoring or evaluation. Assets  >3 years of experience in institutional development programming and/or monitoring or evaluation;  Experience in institutional development programming for a national public authority.

Component leader 3 Requirements  University level education or professional experience of 8 years in a field relevant to this assignment  Good command of written and spoken English;  Computer literacy;  Minimum 3 years of experience in conducting public awareness-raising campaigns. Assets  >3 years of experience in conducting public awareness-raising campaigns in the field gender equality and/or prevention of all forms of violence against women.

3.6.4. Profile and tasks of other short-term experts Requirements  University level education or equivalent professional experience of 8 years in a discipline relevant to the assignment  Good command of written and spoken English  Computer literacy  Minimum 3 years of experience in a subject relevant to the assignment Assets  >3 years of experience in in a subject relevant to the assignment;  Previous capacity building experience, ideally in twinning; The STEs should be identified by the Project Leader/RTA and will be agreed with the Beneficiary Administration during the negotiation phase of the Twinning contract and following these indicative (but not exclusive) areas: Indicative fields of experience for the short-term experts:  Multi-sectorial response to GBV/health, psychosocial support, case management, legal, and security/ Reporting on GBV;  EU standard GBV prevention theory and strategies;  GBV monitoring and evaluation frameworks;  NRM establishment and functioning;  Public awareness campaigns;  Strategic planning for GBV prevention and response;

 GBV data collection and analysis, conduct GBV assessments;  Advocacy for DBV prevention and response, support of GBV survivors;  Support other sectors to mainstream GBV prevention and response;  Effective management of GBV programs and projects;  Facilitating a collaborative environment to promote effective coordination and communication. 4. Budget Maximum Budget available for the Grant is Euro 1 million

5. Implementing arrangements 5.1. Implementing Agency responsible for tendering, contracting and accounting The Implementing Agency responsible for tendering, contracting and accounting is the European Commission represented by the Delegation of the European Union to the Republic of Azerbaijan. The person in charge of this project at the Delegation of the European Union to the Republic of Azerbaijan is:

The persons in charge of the project at the EUD are: Mrs. Maryam Haji-Ismayilova Programme Manager Tel. +994 12 497 20 63 (ext. 832) [email protected]

Mrs. Simona Gatti Head of Cooperation/Minister Counsellor Tel. +994 12 497 20 63 (ext. 853) [email protected]

Mrs. Milena Mitevova Head of Contracts, Audit and Finance Tel. +994 12 497 20 63 (ext.830) [email protected]

Address: Landmark III, 11th Floor, 90A, Nizami str., AZ 1010 Baku, Republic of Azerbaijan http://eeas.europa.eu/delegations/azerbaijan

Programme Administration Office in Azerbaijan (PAO)

Director Programme Administration Office in Azerbaijan (PAO) – to be confirmed Head of the Department on Cooperation with International organizations Ministry of Economy of the Republic of Azerbaijan 14

6th floor, Government House, 84 Uzeyir Hajibayli str. Baku, AZ 1000 Republic of Azerbaijan

5.2. Institutional Framework The main beneficiary of this project is the State Committee for Family, Women and Children Affairs (SCFWC), which is responsible for formulating and pursuing State policy on all aspects of women’s rights and empowerment, along with the implementation of CEDAW. SCFWC leads in providing legal protection and support for women and children, victims of domestic violence. The SCFWC structure comprises of 9 departments, including: Department for Women Issues and Gender Equality, HR and Office Clerical Department, Department for Legal Affairs, Information and Analytical Research Department, Department for Family Problems, Department for Children Problems, Department for Finance and Economy, Department for Work with Regional Centres, Department for International Relations. At present SCFWC has a total staff of 62. The Structure chart of the SCFWC presented in Annex 4. Indirect beneficiaries are all line ministries, Monitoring Groups under the Executive powers in the regions, FCSCs and CSOs involved in implementation of the Law on Prevention of Domestic Violence in Azerbaijan.

5.3. Counterparts in the Beneficiary administration: The PL and RTA counterparts will be staff of the Beneficiary administration and will be actively involved in the management and coordination of the project. 5.3.1. Contact person Ms. Sabina Manafova Head of International Relations and Protocol Service Department AZ 1000, Baku,U. Hajibayli 80, Government House

5.3.2 PL counterpart: Ms. Hijran Huseynova Chairman of the State Committee for Family, Women and Children Affairs AZ 1000, Baku,U. Hajibayli 80, Government House

5.3.3 RTA counterpart: Ms. Sabina Manafova Head of International Relations and Protocol Service Department AZ 1000, Baku,U. Hajibayli 80, Government House

6. Duration of Project The execution period of the project shall be 17 months

7. Sustainability All activities of this Twinning project aimed to strengthen the capacity of the Beneficiary administration and other agencies involved in the implementation of the Law on Prevention of Domestic Violence in Azerbaijan. The establishment of a favorable legal and effective mechanism for appropriate implementation of the Law ensures sustainable and independent continuation of the work after the end of the Twining project implementation. The Beneficiary administration is fully committed to ensuring a long- term impact of the activities of this Twinning Project. The Twinning shall seek sustainable solutions and approaches based on best EU practice adapted to the Azerbaijani context. Know-how will be transferred to civil servants while performing daily tasks and the sustainability of the achieved outcomes will be guaranteed in maintaining the jointly produced strategic documents, training programmes and analytical studies and guidelines, interoperability and safety standards. The key elements that will contribute to the sustainability of this project and expected to be in place by the start of the project are:  A strong commitment and leadership by the government to support effective implementation of the Law on Prevention of Domestic Violence in Azerbaijan;  The establishment of a high level inter-institutional State Coordination Commission on the implementation of the domestic violence law and policies;  The functioning of the National Referral Mechanism for victims of Domestic Violence;  The continuous awareness raising campaign of general public To ensure further sustainability, the Beneficiary Administration shall be provided with most written project outputs in both languages, English and Azerbaijani. The budget established for this twinning has taken relevant cost for translation into account. Where relevant, this Twinning will explore to which extend training foreseen under it might be included or expanded upon in relevant training curricula of national training institution. 8. Cross – cutting issues All work on the project will be implemented taking into account the gender perspective, and will avoid reading the concept of “gender” as a “women’s” issue, which is of particular importance when dealing with the problem of domestic violence. Special attention will be paid to the men's studies and psychological state of men in modern

society and in the family. Data collection and analysis will take into account the gender perspective and the role of women as well as role of men in domestic violence cases, which will be carefully studied. The twinning foresees roundtables to present and obtain feedback from stakeholders on proposed policy concepts. Interaction with the line ministries and civil society organisations is foreseen in this context by the Beneficiary Administration to establish a formal platform for consultation on policy with CSOs. At project management level the twinning shall comply with EU equal opportunity policies. Based on the fundamental principles of promoting equality and combating discrimination, participation in the project will be guaranteed on the basis of equal access, regardless of gender, religion or belief, racial or ethnic origin, disability or age. Equal treatment of women and men in project implementation at all levels will be one of the most important principles in the project management and implementation. In particular, great attention will be given to the equality principle in the training of personnel and the recruitment of the STEs. The project implementers will maintain statistics in this regard and report on them. 9. Conditionality and sequencing N/A 10. Indicators for performance measurement Mandatory Result 1/ Component 1: Efficient legal policy for the full implementation of the Law on Prevention of Domestic Violence developed

1.1 Specific legal and policy amendments package supporting MGs activities developed. 1.2 Roadmap for the extension of the mandate of the MGs developed. 1.3 Strategy for inclusion of village municipalities to the MGs and FCSCs is developed. 1.4 Impact assessment of criminalization of domestic violence conducted 1.5 Analysis of legislative options and their costs carried out. 1.6 Legal regulations of MGs functions discussed at different levels (round-table discussions) 1.7 Legislative proposals to amend the penal code developed. 1.8 State coordination and follow-up mechanism on the implementation of the domestic violence law and policies established.

Mandatory Result 2/ Component 2: Institutional capacities of the SCFWCA and MGs strengthened 2.1 National Referral Mechanism for victims of Domestic Violence established 2.2 Domestic Violence Indicators and Referral Guidelines developed. 2.3 Risk Assessment Criteria for repeated domestic violence prepared.

2.4 Training plan for MG members, SCFWC and the FCSC staff developed and delivered with following outputs: - 80 % of local police officers, MG members, NGOs and staff of the FCSCs (approx. 800 people) are trained to apply the international standards of DV Indicators and Referral Guideline and Risk Assessment Criteria. 2.5 Training plan for city and regional judges developed and delivered with following outputs: 30 % of city and regional judges (approx. 65 people) engaged in training on applying national law and European standards. 2.6 Training plan developed and delivered with the following outputs: - 80% of local police officers, MG members, staff of the SCFWC and the FCSCs staff (approx. 310 people) have acquired knowledge in the use of the methodology on collection, analysis and reporting on cases of different types of domestic violence. 2.7 Methodology of collection, analysis and reporting on different types of domestic violence designed. 2.8 Mechanism on Legal and psychological assistance for victims of domestic violence established 2.9 The Rehabilitation Programme for perpetrators developed. 2.10 Policy documents in the field of prophylactic registration of domestic violence perpetrators developed. 2.11 Treatment modalities to correct the perpetrator’s behaviour and restore their social functioning developed.

Mandatory Result 3/ Component 3: Campaign to raise awareness of general public conducted 6.1. Programme on conducting nation-wide public awareness-raising campaigns developed. 6.2. Specific training manuals for journalists of visual and print media, as well as PR staff of SCFWCA, line Ministries, MGs members, CSOs developed. 6.3 Training plan developed and delivered: - Year 2: training for journalists, CSOs, MG members and staff of the FCSCs (approx. 110 people) on conducting Domestic Violence awareness-raising campaigns. 6.4 The network of relevant organisations, including state agencies, civil society, and international donors, working on implementation of the Law on Prevention of Domestic Violence established. 18

11. Facilities available The Azerbaijani beneficiary administration will provide the RTA and other MS experts with office space in its main building in Baku

Annex 1: Logical Framework Matrix

Strengthening the capacity of the State Committee for Family, Women and Project title and number Children Affairs to improve legal protection and support of women and children, victims of domestic violence in Azerbaijan To note: some indicators have been shortened in this matrix. The full text Contracting period expires provided in the main twinning fiche template applies. Total budget 1 million Euro SCFWCA budget: n/a

Overall objective Objectively verifiable indicators (OVI) Sources of Verification To contribute to establishing strong legal  Level of decline in the annual incidence of  AZ statistical records protection and support different types of domestic violence by  Government and non-Government for victims of domestic regions analytical studies and reports violence in approximation with the  Increased reporting on domestic violence EU standards Specific objective Objectively verifiable indicators (OVI) Sources of Risks Assumptions (external to project) Verification To strengthen the  AZ statistical records  Criminal  Commitment from the capacities of the  Status of development of Domestic Violence  External review of ization of DV Government to improve legal SCFWCA and CSOs in policy framework, defined and measurable the project might receive and policy framework increasing public  A commitment from policy action plans, targets and budgets.  Government and negative awareness and makers to further developing  Information system for the development, reaction among promoting non-Government an efficient and effective criminalisation of monitoring of the Domestic Violence analytical studies and stakeholders and Monitoring policy for DV domestic violence prevention and victim’s protection reports public.  Sustainable support from the mechanism  CEDAW reports Government authorities  Level of public awareness about the harms  Mass Media of Domestic Violence among population Publications

Results Objectively verifiable indicators (OVI) Sources of Risks Assumptions (external to project) Verification Mandatory Result 1/ Component 1: Efficient legal policy for the full and proper implementation of the Law on Prevention of Domestic Violence developed Sub-Result 1 1.1 Specific legal and policy amendments package  Codes of Conduct  Allocation of  Authorities commitment to Enhanced legal status of supporting MGs activities for MGs and resources for reviewing and improving Domestic Violence 1.2 Roadmap for the extension of the mandate of the FCSCs developed proper implementation of the Law on Monitoring Groups MGs  Jobs descriptions functioning of Prevention of Domestic Violence (MGs) 1.3 Strategy for inclusion of village municipalities to for MGs and MGs is not  Government commitment to the MGs and FCSCs in village municipalities. FCSCs staff guaranteed. empower MG and FCSCs with 1.4. Legal regulations of Family and Children’s developed new functions and allocate Support Centres resources for more efficient the implementation of the activities  Legal and policy regulations accepted and approved by the Government Sub-Result 2 2.1 Assessment of enabling enabling environment for  Assessment report  Lack of  Key stakeholders’ involvement Enabled legal criminalisation of domestic violence enabling enabling support from in promotion of criminalization environment for further environment for all relevant of domestic violence criminalisationof 2.2. Legislative proposals for amendment of criminal criminalisation of stakeholders/g domestic violence code in terms of criminalisation of domestic violence domestic violence overnment  Roadmap for structures 2.3 State coordination mechanism on the further steps implementation of the domestic violence law and towards policies criminalization of domestic violence. Mandatory Result 2/ Component 2. Institutional capacities of the SCFWCA and MGs strengthened Sub-Result 3. 3.1 Status of National Referral Mechanism for DV  Procedures  Different  Commitment of the Established National victims manuals and capacity level Government to establish State Referral Mechanism for checklists of NRM Coordination Commission victims of Domestic 3.2 Domestic Violence Indicators and Referral  No of copies of the members  Sustainable support of Line Violence Guidelines DV Indicators, Ministries’ staff and other Referral Guideline relevant institutions 3.3. Risk Assessment Criteria for repeated domestic and Risk  Commitment of the SCFWCA

violence Assessment and local Executive Powers in Criteria enabling participant 3.4 Training plan and capacity building trainings disseminated attendance at training and  Training action study tours Target: plan and copies of training programs - 80 % of local police officers, MG members, NGOs and training and staff of the FCSCs (approx. 800 people) are materials trained to apply the international standards of DV  No of copies of the Indicators and Referral Guideline and Risk methodological Assessment Criteria. manual disseminated 3.5. Methodology of collection, analysis and  Participant lists and reporting on different types of domestic violence . numbers of participants 3.6. Training plan and capacity building trainings  Training results report Target:  Questionnaires filled by training - 80% of local police officers, MG members, participants staff of the SCFWC and it’s the FCSCs staff (approx. 310 people) have acquired knowledge in the use of the methodology on collection, analysis and reporting on cases of different types of domestic violence.

Sub-Result 4. 4.1. Procedure manuals and checklists for  Procedures  Availability of  Commitment of the SCFWCA Mechanism on Legal and administration of Domestic Violence services manuals and the senior staff and local Executive Powers in psychological assistance checklists for the enabling participants for victims of domestic 4.2. Training needs assessment among senior and  Training needs trainings attendance at project activities violence established technical staff of SCFWC and FCSCs, as well as MG assessment members.  Training plan, program and 4.3 Training plan for the staff of SCFWC and training materials FCSCs, as well as MG members  Participant lists and number of 4.4. Trainings on applying international standards in participants Domestic Violence service provision: 

Target

- Year I: 80 % of senior staff (approx. 180 people) engaged in administration and control DV service provision trained in applying international standards.

Year 2: 100 % technical staff (approx. 260 people) - engaged in DV service provision trained in applying international standards.

4.6. Training plan and capacity building on women’s rights and the treatment of domestic violence cases according to national law and European standards for city and regional judges:

Target

- Year II: 30 % of city and regional judges (approx. 65 people) engaged in training on applying national law and European standards. Sub-Result 5. 5.1 The Rehabilitation Program for perpetrators •Participant lists and  Rehabilitation •Commitment of the local Executive 23

Rehabilitation 5.2 Policy documents in the field of prophylactic numbers of Program not Powers in preparation and Programme of registration of domestic violence perpetrators participants accepted implementation of the Rehabilitation perpetrators built/ set-up developed •The Rehabilitation Program for perpetrators 5.3 Treatment modalities to correct the perpetrator’s Program for behaviour and restore their social functioning perpetrators Mandatory Result 3/ Component 3: Campaign to raise awareness of general public conducted Sub-Result 6. 6.1. Program on conducting nation-wide public  Public Assignment of  Cooperation with Line Awareness of general awareness-raising campaigns awareness-raising journalists not ministries, NGOs, and other relevant public raised Program covering agencies involved in implementation 6.2. Specific training manuals for journalists of visual  Copies of gender equality of the Law on Prevention of Domestic and print media, as well as PR staff of SCFWCA, line the manuals topic to Violence Ministries, MGs members, CSOs  Training participate at Plan, Program and the trainings. 6.3 Training plan and and capacity building: training materials  Participants Target lists  No of Year 2: training for journalists, NGOs, MG members and trainings staff of the FCSCs (approx. 110 people) on conducting  Training DV awareness-raising campaigns. results reports  Questionnai 6.4 The network of relevant organisations, including state res filled by agencies, civil society, and international donors, working training on implementation of the Law on Prevention of Domestic participants Violence.  Database of the Domestic Violence network

Annex 2.

Assessment Report on efficiency of performance of Domestic Violence Monitoring Groups in Azerbaijan

Background Azerbaijan had adopted a Law on the Prevention of Domestic Violence in 2010, which aimed to provide comprehensive measures for the social, medical and psychological protection for victims of violence. The Law provides regulations of activities carried out to prevent violence committed by the close family members, current or former, living together and generated negative legal, medical and social consequences. The Law also provides social protection and legal aid for persons affected by domestic violence, as well as eliminates the circumstances leading to domestic violence. The Law provides the procedure for consideration of complaints; organisesthe issuance of “Protection orders” to victims of domestic violence. Violence, including domestic violence is still an ongoing issue in the country. In addition, the situation was complicated by the fact that in 2012 a fine replaced the criminal liability for causing bodily harm. All this is just "unleash" the hands of those who systematically are abusing women. Data for the last two years indicates an increase in domestic violence in the Republic. In 2016, 897 crimes relevant to domestic violence were registered. Out of them, 791 women and 4 children affected. 29 women were killed. In addition, 102 men suffered from domestic violence6. According to the data of the Ministry of Internal Affairs in 2017, 2145 crimes, acts of violence, have been committed against women, 39 of these crimes ended fatally for women. The number of domestic violence crimes, based on family disputes or/and jealousy, etc. were 954. The total crimes committed against women include 65 intentional murders, 178 sexual assaults, 191 deliberately causing suicides, 1157 deliberate minor injuries, 165 deliberate harms to health, 9 tortures, 22 kidnappings (19 - bride kidnappings for marriage)7. For these unlawful acts, 2993 people were indicted (brought to judicial responsibility). No records of forced marriage or limitation of women’s rights were registered during this period. In comparison with previous years, the number of such crimes has declined8.

Performance of Monitoring Groups Local executive powers are in charge of coordination of GBV prevention and response efforts between different institutions at the local level. In order to enforce the implementation of the Law on Prevention

6T.Ibragimova, the Head of the Legal service Department of the SCFWCA.Article of the Azeri.Today newspaper.https://azeri.today/articles/4062/ 7 Data collected from the Ministry of Internal Affairs of the Republic of Azerbaijan. October 2018. 8 Data and information provided by the Ministry of Internal Affairs of the Republic of Azerbaijan. October 2018.

of Domestic Violence special Domestic Violence Monitoring Groups (MGs) have been created in the system of local executive powers in each region of the country since 2015. The commission on guardianship and patronage and the commission on protection of minors’ rights and affairs under the local executive powers function as institutions dealing with prevention of domestic violence and assistance in defending the interests of juveniles and incapable family members who became victims of domestic violence. The deputy head of the local executive power on Humanitarian Issues is chairing both of these commissions, and the MGs. Representatives of health, education, police and social protection departments represented in the MGs. The psychologist of the Commission on Protection of Minors’ Rights and Affairs under the Executive Power is also a member of MGs. The Monitoring Groups responsible for the following:  Monitoring of the situation with regard to gender based violence and violence against children in the regions  Identifying vulnerable families and provision of necessary support,  Checking the efficiency of the carried out activities,  Analysing reasons for violence,  Discussing over severe cases of violence  Coordinating activities on protection and support of GBV victims.

For the purpose of this assessment, seven Monitoring Groups in different regions were visited and interviewed: Sabunchu, Surakhani and Khazardistrics of Baku City and Ismayilli, Gabala, Goygol and Saatli regions of Azerbaijan. During the visit, representatives of MG groups shared information on the work done since their formation addressed the problems they encountered in the course of their work and shared their wishes and recommendations to improve the efficiency of the MG. During the interview, it turned out that the leaders of MG work closely with the existing FCSCs. The FCSC does a lot of work to prevent and detect violence against children. Preventive work is carried out mainly in schools among teenagers, where the centre’s staff conducts trainings on the following topics: reproductive health, harm to drug addiction and alcoholism, the basics of domestic violence, how to use free time, etc.

Sabunchu.The region of Sabunchu covers 10 settlements (Bakikhanov, Sabunchu, Ramana, Balakhani, Zabrat, Kurdakhani, Pirshaghi, Mashtagha, Nardaran and Bilgah) with a population of 300 thousand people and an unaccounted number of visiting villagers. In all settlements, most complaints of domestic violence come from women who turn to the governing bodies for help. For example, the Head of the MG in the Sabunchu area indicated that in 2017, 29 people applied to the ExCom, 27 of which were women and 2 men. 25 appeals of women were related to domestic violence. In 2018, 12 complaints were registered (10 women and 2 men). Out of 10 cases, 2 were not related to domestic violence. The members of the MG and the FCSC investigate each case. It should be noted that the Decree on the

creation of the MG in the Sabunchu region dates back to May 30, 2018. The structure of MG includes representatives of the district prosecutor’s office, school principals, chief doctors of clinics, and so on. One of the problems voiced by the head of the MG in Sabunchu was the impossibility of obtaining information from the police about the presence of disadvantaged families, since the police, according to the legislation, respond only to criminal cases.

TE’s Comments:  Members of the MG appointed only in May 2018 year and do not have sufficient work experience;  The MG created by the Decree of the Head of the Executive Power and the work in MG is not reflected in the members TOR;  MG members do not have an authority to visit the families of the victims if the victim herself/himself does not file official complaint; TE’s recommendations:  Specific legal or policy based regulations supportive for MG’s activities should be developed and approved;  Detailed instructional manual for monitoring groups reference should be developed  Continued upgrading trainings for the MGs members should be properly planned and timely implemented.

Surakhani.The head of the MG of the Surakhani district noted that she had been dealing with this problem for 6 years. In recent years, there has been a recession of appeals in complaints about domestic violence among the population in the region. For example, if in 2015/6/7 there were registered 7 complaints each, then by October 2018 only 2 complaints were registered. MGs staff is actively involved in a domestic violence prevention work at district schools, even a school textbook includes chapters on explaining the concept of domestic violence, as well as established close cooperation with the police.

However, one of the problems that embarrassing the preventive actions of MG in relation to domestic violence is the difficulty of determining the psychological climate in families and identifying disadvantaged families.

Another problem, negatively contributing to the spread of violence among young people is Mass Media.

On the other hand, the work of representatives of the MG on a voluntary basis is also not conducive to effective work.

TE’s Comments:  Experienced leadership of MGs achieves greater success and efficiency; TE’s recommendations:

 It is necessary to organise retreats in regions where domestic violence prevention work is carried out most successfully;

Khazar.The Khazar district also belongs geographically to Baku, according to the head of the MG, the area is relatively prosperous. The population of the area according to registration is 165 thousand people, and in fact, the number reaches 200 thousand people by villagers-labour migrants. The MG in the area also includes representatives of the NGO “ZialilarJamiyati”, which promote preventive work to combat domestic violence. The MG works in close cooperation with the FCSC, where the staff consists of 12 employees, but all of them are social workers and the centre needs a lawyer.

In 2017 and 2018, there were only 5 complaints, out of which 4 were associated with divorces in families, according to the head of the MG, all women applied to revenge a man for a divorce. One woman’s appeal about father’s violence to her daughter turned out to be false. The woman claimed the property of her wheelchair-bound husband, tried to slander him and put him in jail to seize her husband's house.

The head of the MG proposed to supplement the legislation and give a clear definition to the concept of a conflict/disadvantaged family.

TE’s Comments:  The members of the MGs do not possess the competences necessary to support the victims of DV and monitor the DV data. Most of the MG chairs expressed lots of gender bias during interviews. TE’s recommendations:  It is necessary to organise continuous gender awareness trainings for the members of MG’s and their heads. The main focus should be on gender disparities relevant to women’s and men’s human development, to avoid understanding ‘gender’ as women’s issue.

Ismayilli.In Ismayili districtinhabits 86 thousand people. MG consists of a psychologist, a police representative, a director of a children's hospital, a social worker, the head of the education department, the head of the local newspaper/journalist, and the director of the FCSC. There is a hot line in the district and cases of domestic violence against children are recorded, and there are also often cases of violence between children themselves. Work is also underway to reduce early marriages, mainly with young men with calls not to marry under aged. Posters are distributed to various institutions and municipalities, preventive trainings for 137 young people are conducted. In 2017, 2 applications for the permission of early marriage were registered, and in 2017, 7 applications were registered, of which 2 couples were allowed to register. 28 appeals were related to economic problems in families. There are 2 cases of suicide recorded - a man committed suicide for debt, and a teenager’s suicide. 4 schoolchildren registered, who did not attend school because of the divorce of parents.

The main problems faced by the MG and the staff of the FCSC are the lack of transport to visit remote

villages and settlements, work on a voluntary basis, as well as difficulties in obtaining data from the police.

TE’s Comments:  The positive thing is the involvement of the Mass Media representative in the work of MG;  Local TV channels, which are most popular and widespread in the remote areas of the country are not properly involved in the work on prevention of domestic violence; TE’s recommendations:  It is necessary to organise specific trainings for journalists, local TV reporters on proper highlighting the issues relevant to domestic violence.

Gabala.InGabala region inhabits 101.5 thousand people. There are 60 villages, 3 settlements and the district centreGabala. For the first 9 months of 2018, 211 complaints on various problems wereregistered under the FCSC in the region. The centre deals with family issues, domestic violence, families with parents with disabilities and disabled children. The staff of the Centre employs 11 people and involves volunteers. The staff includes a social worker who is specialised in the family psychology, a social worker with pedagogical specialisation, and a social worker-psychologist. Representatives of the MG provide assistance whenever possible; visit with the employees of the Family Centre. Cases are open and recorded after visiting families and then monitored for up to 6 months. In 2017, 22 cases of domestic violence against women were registered, 10 cases against men, and 14 children suffered from domestic violence. The database is analysed to identify the villages in where the largest number of registered cases of violence. Then a group of Centre’s employees and representatives of the MGs visit those villages. Different types of information sources are used, such as advertising, booklets, which are placed in schools, and in the administrative offices.

Among the main problems in the area, it is found the problem of inability to identify and to visit disadvantaged families to carry out domestic violence preventive measures, and to identify potential problems leading to domestic violence. Thematic trainings are very important for police and district officers who should be more aware about the psychological climate in families on their sites.The main staff of district police are male, but women police officers who have undergone special training in domestic violence would have greater confidence. Another problem voiced by key informants in Gabala is insufficient knowledge of the legislation by members of the MG. MG workers do not have the right to attend the courts relevant to cases of domestic violence and to participate in decision-making. Also, it is noted that the work of the MG does not have legal support, that a ‘protection order’ for women must be certified by the head of the executive branch, and this takes additional time to proceed.

Gabala.CFSC.

TE’s Comments:  The FCSC is very active and popular in the district. The highest number of complaints are registered in the region;  The work of MG generally readdressed to FCSC;  There is aninsufficient knowledge of the legislation by members of the MG;  MG and FCSCs workers do not have the right to attend the courts relevant to cases of domestic violence and to participate in decision-making; TE’s recommendations:  The responsibilities of MGs and FCSCs should be clearly defined and separated;  MG members should attend continuous upgrading trainings on legislation, relevant to domestic violence;  The legal status of MGs should be revised and improved.

Geygol. 64 thousand people live in Geygol region. There are 38 villages and 5 smaller villages in the area. In June 2018, the new composition of the MG was approved. In 2016, there were 2 petitions of citizens, in 2018, 17 petitions were registered by the police. The workers of the MG and the Centre noted that if the husband beat his wife, she is not always recognised. There is a hot line in the district, organised by NGO workers. Communication has been established with schoolteachers who report

misfortunes with students in the school. Psychologists of the centre provide help. But there are cases of violence with a fatal outcome. In particular, an investigation is underway about the murder of his father by a high school student. The employees of the MG and the Centre are limited in their access to the work of the police, they don’t know the reasons why a calm, well-studied student has committed such a crime.

The MG and the Centre conduct a great educational work among the population, starting from kindergarten, identifying problem children from a health point of view, carrying out tests and inviting parents of problem children and conducting educational work with them on how to heal and develop a child.

The centre holds open doors in villages where people ask questions about the provision of various types of assistance, including legal assistance. Work with young people is conducted by the Centre in military units and with conscripts. Topics: healthy lifestyle, family planning, consequences of early marriages and related marriages, domestic violence, etc.

District statistics regarding early marriages is minimised. One of the achievements of the MG and the Centre is that a large number of 230 young people from the district have entered higher education institutions and 70 percent of them are girls.

Employees of the MGs and the Centre made a proposal to open branches of the Centre in remote villages.

It should be noted that the Centre is located in a huge building, which is equipped with various classrooms and auxiliary facilities for various events. Saatli. 101,5 thousand people live in the Saatli region. There are 43 villages, 1 city and 2 settlements of IDPs. MG works closely with the FCSC. In 2017, 220 citizens’ complaints and applications were registered on various issues. In 2018, there were 169 such appeals, of which 81 were from men. Refugees (1 family), families with many children (11 families), families with disabilities (56 families), single mothers (11), and single women (6) mostly apply for help. The main problems of the applicants related to the problems of children, disability, and health concerns. Unfortunately, in some areas, medical workers cannot diagnose diseases correctly, and people turn to MG and FCSC. Women victims of domestic violence refuse security orders.

The participants of the MG and the employees of the FCSC also indicated that the work of the MG’s employees would be more effective if it was paid. Head of MG suggested appointing representatives of the MG and Centrer at the level of villages and settlements.

TE’s Comments:  MG and FCSC are involved in activities, which should be carried out by various structures, such as local departments of the Ministry of health, which are responsible to work on improvement of the quality of their staff, properly diagnose illnesses and identify people with disabilities, helping them to proceed relevant documents and etc.; Social protection (sabez)

agencies, which should have information about families in need and to provide them proper social assistance, etc. TE’s recommendations:  In order to avoid substitution duties of various structures the State Committee for Family, Women and Children Affairs can raise this issue at the government level;  To look for opportunity to appoint representatives of the MGs in village’s municipalities, this will help to cover the whole region and to provide proper support for domestic violence victims and to work on DV prevention.

Saatli. EP and CFSC joint meeting. Conclusions and findings

The assessment of Monitoring Groups effectiveness has shown that the Law on Prevention of Domestic Violence was adopted in 2010 a national implementation mechanism has not been developed yet. MGs, established under the Executive Powers are still weak and most of the members of MGs were appointed in the first half of 2018and do not have sufficient work experience.

The MG created by the Decree of the Head of the Executive Power and the work in MG not reflected in the members TOR and there is no instructional manual for monitoring groups reference.

The members of the MGs do not possess the competences necessary to identify cases of domestic violence, support the victims and monitor the DV data. Most of the MG chairs expressed lots of gender bias during interviews and both the chairs and the members of MGs do not differentiate between family conflict and domestic violence.

There is no legal or policy base for the work of MGs and no approved charter or regulation exists, this limits MGs opportunities to access to relevant data on cases of domestic violence identified by different responsible state agencies, including police.

The members of the MGs do not have a legal status/authority to monitor the Gender Based Violence case investigations and court hearings. They also do not have the authority to visit the families of the victims if the victim herself/himself does not file official complaint. This means that MG can only react after the GBV case already happened and this limits MGs work on prevention of domestic violence in the families in risk.

None of the members gets any compensation for their work in the MGs, they have to combine their duties as professionals with the work in MGs. There is no secretariat to coordinate the work and meetings of the MGs. This also has a negative impact on the effectiveness of the MGs functioning. Some of the MGs meet once a month and some have meetings twice a month.

Under these circumstances, the MGs readdressed their work to FCSC. FCSCs were established within the frames of the pilot project by the Save the Children in Azerbaijan in 2006 and thereafter to serve people with disability and those at risk. From 2007, the centres were taken by the Committee for Family, Women and Children Affairs and extended its services. Nowadays, there are 11 FCSCs working in three directions: family, women and children. However, given the nature of the services, procedures, as well as the infrastructure, staff positions, and the report on the activities/caseload of the centres, our observation suggests that centres are still mostly fit to address children’s needs.

Interviewed MGs and FCSCs are understaffed, which inhibits their capacity to support and monitor. They lack qualified staff (social workers, psychologists) to render adequate services to the victims of GBV.

Only Shuvelancentre has a total of 21 employees, whereas the number in other FCSCs usually ranges between 6 and 11.Social workers of the Centres are authorised to regularly conduct social and psychological work with families in difficult life circumstances, including victims of domestic violence.

In addition to this, the FCSCs also lack qualified staff to provide services. In some of the centres there is no psychologist position and in two centres the psychologists do not have relevant academic background or psychological support is rendered by other staff members like speech therapist in Saatlicentre. The positions at centres are titled as “Social Work Specialists” including “Psychologist on Social Work” and “Pedagogue on Social Work” which clearly describes the work performed to a lesser extent.

The confusion may stem from the fact that the concept of social work has been recently introduced, thus the definition has not been instilled yet. Concerns regarding the qualification of the employees also apply to the Social Work Specialists who are considered to perform the work of Social workers. In some cases, those specialists do not have a relevant academic background nor are graduates of colleges with an irrelevant subject background. In other cases,centres lack Pedagogues on Social Work as well.

The SCFWCA is national machinery responsible for formulating and pursuing State policy on all aspects of women’s rights and empowerment, along with the implementation of CEDAW. According to a Charter of the SCFWCA approved by the Decree of the President of the Republic of Azerbaijan in 2006, the Committee is a central executive power body implementing and regulating the state policy on family, women and children’s issues. However, neither the Charter of the SCFWCA nor the DV Law has assigned the SCFWCA implementation of the DV Law.

The DV Law refers to the establishment of a domestic violence databank. Regulations on establishment and operation of a databank on domestic violence were approved in 2011 by the Cabinet of Ministers of the Republic of Azerbaijan. Although the Regulation imposes the responsibility for the establishment of the database on domestic violence on the SCFWCA, the latter was unable to fulfill this task due to a shortage of technical and financial resources. In 2017, with the UNFPA Azerbaijan project on “Combatting GBV in Azerbaijan”, the databank has been established and operating under the SCFWCA.

Assessment shows that different state agencies, including line ministries are involved in data collection and registration of cases of various forms of domestic violence, using different approach, however, this process requires the use of a single approach and the creation of a unified database, in accordance with international standards.

There is no official state coordination mechanism in place for the implementation of the DV Law and policies and currently, many of the activities undertaken to counteract domestic violence are not well- coordinated and include one-off events or activities.

MGs are not involved in establishing proper database and use FCSCs records in journals. The absence of comprehensive and disaggregated data on complaints, investigations, prosecutions and convictions of cases of domestic and sexual violence, on all forms of domestic violence, disaggregated by age, urban and rural areas and relationship between the victim and the perpetrator don’t allow to create a clear picture of the nature of domestic violence and to undertake proper measure to counteract the domestic violence.

That is to say, even though the directors and staff of the centres have participated at different trainings related to gender and domestic violence, there are few who received lesstrainings. However, some of those who received relevant trainings still had a conservative approach to the cases related to domestic violence such as trying to reconcile a family or remind about public blame she can face in cases of divorce or advising a woman to obey her husband’s demands

MGs and FCSC are involved in activities, which should be carried out by various structures, such as local departments of the Ministry of Health, which are responsible to work on improvement of the quality of their staff, properly diagnose illnesses and identify people with disabilities, helping them to proceed relevant documents and etc.; Social protection agencies, which should have information about families in need and to provide them proper social assistance, etc.

There are three centres –in Gabala, Goygol and Saatli- which have good offices, with enough space for conducting trainings, rehabilitation facilities for disabled children, even shelters/dormitory for women with children.

Recommendations

At the result of research of the effectiveness of activities of Monitoring Groups in several areas of Azerbaijan assessed, the following recommendations on improvement of functioning of MGs offered:

1. Specific legal or policy based regulations supportive for MG’s activities and within the context of the Law on Prevention of Domestic Violence should be developed and approved; 2. MGs role should be more focused on domestic violence prevention activities; 3. Detailed Instructional manual for monitoring groups reference should be developed; 4. The responsibilities of MGs and FCSCs should be clearly highlighted in their Code of conduct; 5. The SCFWCA should develop annual plans on providing continued upgrading trainings for the MGs members on legislation, relevant to the implementation of the Law on Prevention of Domestic Violence, gender awareness, gender analysis, monitoring and advocacy tools, etc. The training programmes should be developed with a long-term perspective and timely implemented; 6. It is necessary to organise specific trainings for journalists, local TV reporters on proper highlighting the issues relevant to domestic violence; 7. The SCFWCA should take measures to avoid duplicating by MGs and FCSCs the functions of other State structures; 8. To extend coverage of MGs and FCSCs activities within the regions and to appoint representatives of the MGs in villages municipalities. 9. Specific budget should be allocated for MG’s paid staff and for infrastructural developments.

Annex 3 PRESIDENTIAL DECREE ESTABLISHING THE SCFWCA Approved by the Decree#444 dated on 9 August 2006 issued by the President of the Republic of Azerbaijan

Statute on the State Committee for Family, Women and Children Affairs of the Republic of Azerbaijan I. General provisions 1. State Committee for Family, Women and Children Affairs (afterwards “the Committee”) of the Republic of Azerbaijan is the centralized executive authority body responsible for implementation and regulation of state policy in the field of family, women and children issues (afterwards “relevant field”). 2. In the implementation of its activities the Committee acknowledges supremacy of the Constitution of the Republic of Azerbaijan, the laws of the Republic of Azerbaijan, decrees and orders issued by the President of the Republic of Azerbaijan, decisions and directives issued by the Cabinet of Ministers of the Republic of Azerbaijan, international agreements to which the Republic of Azerbaijan is a party and this Statute. 3. In the implementation of its activities and application of its rights the Committee is cooperating with other executive authority bodies, local self-governance institutions and non-governmental organizations. 4. The Committee has independent balance, state property noted in the decree in compliance with legislation, treasury and bank accounts, stamp indicating state emblem elements and the Committee’s title and own blanks. 5. The maintenance costs of the Committee provided from the state budget of the Republic of Azerbaijan and other sources not contradicting to the current legislation. 6. The Committee is located in Baku city.

II. Committees areas of intervention: 7. The Committees areas of intervention are as followings: 7.1 Participate in the formation of unified state policy on the relevant field and ensure implementation of this policy; 7.2 Ensure development of the relevant field; 7.3 Operate in other directions envisaged by the legislation.

III. Responsibilities of the Committee 8. In compliance with the intervention areas indicated in this Statute, the Committee has the following responsibilities:

8.1 In the framework of its authority ensure human and citizens’ rights and freedoms, especially children and women’s rights and prevent abuse of these rights; 8.2 Implement normative regulation related to its responsibilities and envisaged by the legislation in the relevant field; 8.3 Participate in the preparation of state project proposals in the relevant filed; 8.4 Ensure implementation of the state programs and development concepts in the framework of its authority; 8.5 Coordinate the activities of other executive authorities’ bodies in the relevant field; 8.6 In the framework of its authority, ensure application of international contracts to which the Republic of Azerbaijan is a party; 8.7 Implement the state policy on family; 8.8 Identify social problems of internally displaced women and children, low-income families and lobby the resolvement of these problems with other relevant state agencies; 8.9 Promote women entrepreneurship, ensure provision of recommendations together with relevant state agencies on establishment of family agriculture with the purpose to learn the basis of modern management and market economy; 8.10 In the framework of state policy on implementation of employment strategy develop projects on specialization and vocational training for women and ensure joint activities with relevant organizations; 8.11 Prepare special appeals to be submitted to the relevant state agencies with the purpose of resolving problems of families that lost householder in the war, single mothers, especially handicapped women and children; 8.12 Train personnel, increase professionalism of staff, develop expertise of personnel in the relevant field; 8.13 Apply modern scientific progress, as well as develop and implement scientific research works in the relevant field, considering leading international experience; 8.14 Ensure efficient spending of state budget finance, credits, grants and other financial resources allocated to the relevant field; 8.15 Take necessary actions to protect state secret and anonymity regime in compliance with the legislation; 8.16 Ensure public awareness about its activities; 8.17 In the framework of its authority to implement actions to develop the structure and activities of the Committee; 8.18 Review received appeals and complaints concerning the activity of the Committee and take relevant actions envisaged by the legislation; 8.19 Take actions to improve social protection, working and living conditions of the Committee’s personnel; 8.20 Keep the account books in compliance with the legislation; 8.21 Implement other duties envisaged by the legislation, in compliance with intervention areas.

IV. Rights of the Committee 9. The Committee possesses following rights during the implementation of its duties: 9.1 Provide recommendations to main directions of the state policy in the relevant field; 9.2 Create unified information system on the relevant field in the framework of its authorities; 9.3 Carry out systematic work with women and men to promote gender principles; 9.4 In the framework of its authorities to participate in the implementation of state program on millennium development directions, poverty reduction and employment strategy; 9.5 Promote principles of healthy mother and healthy child, ensure legal enlightenment of children on their rights and promote their legal interests; 9.6 Implement state strategy on women, transfer children from institutions to families (de- institutionalization), protect their rights and legal interests, monitor implementation of responsibilities envisaged in the provisions of normative legal acts on their social protection, collect information from other relevant state institutions on overview of implementation of their duties in this direction; 9.7 In the framework of its authorities, take necessary actions, together with relevant agencies, to protect the rights of women working in manufacturing (production), once needed, appeal to the relevant bodies with the request to take actions against officials violating the rights of women; 9.8 Prepare or participate in preparation of the draft legislative acts on the relevant field; 9.9 Come with initiatives on joining of the Republic of Azerbaijan to international agreements in the relevant field; 9.10 Send requests on important data (documents) and collect information on relevant field from state and local self-governance bodies, physical and juridical persons; 9.11 In accordance with rules envisaged in legislation, cooperate with international organizations, relevant state agencies (institutions) of foreign countries; learn relevant expertise of foreign states; 9.12 Give opinion on activity areas, make analysis and abstracts, prepare analytical papers, and conduct research in the relevant field, give recommendations; 9.13 Prepare specialists in the relevant field, improve their specialization, at the same time carry out activities to improve professionalism of the Committee’s staff; 9.14 In accordance with rules envisaged in legislation, attract independent experts and specialists to its work; 9.15 Organize various training sessions, seminars and other events in the relevant field; 9.16 Publish special bulletins and other printed materials, create a web-site and use it in compliance with legislation; 9.17 Develop recommendations on attraction of investments to the relevant field in the framework of its authorities; 9.18 Develop recommendations on conduct of events on international scale in the relevant field; 9.19 Design and implement projects on TV and radio programs highlighting the relevant field; 9.20 In accordance with rules envisaged in legislation of the Republic of Azerbaijan fulfill the rights on state property allocated by the decree;

9.21 Nominate especially distinguished staff members of the Committee to honorable names and government awards; 9.22 Implement other duties envisaged by the legislation, in compliance with intervention areas.

V. Organization of activities of the Committee 10. Apparatus of the Committee constitutes the unified system of the Committee. The Committee implements its activities through its apparatus. 11. The President of the Republic of Azerbaijan approves the Committee’s structure and identifies limit number of the personnel. 12. Activities of the Committee supervised by the Chairperson of the Committee assigned to and resigned from the post by the President of the Republic of Azerbaijan. The Chairperson of the Committee is personally responsible for implementation of activities delegated to the Committee and fulfillment of its rights. 13. The Chairperson of the Committee has two deputies assigned to and resigned from the post by the President of the Republic of Azerbaijan. The deputy of Chairperson fulfils the tasks delegated by the Chairperson and is personally responsible for this. 14. Chairperson of the Committee: 14.1 Organizes activities of the Committee and supervises it; 14.2 Approves statutes of structural divisions of apparatus of the Committee; 14.3 Approves Committee’s apparatus structure, personnel worksheet and expenditure proposals in compliance with identified structure, salary fond and limit number of personnel; 14.4 Assigns to and resigns from the posts the staff of apparatus, carry out activities stimulating and regulating the staff; 14.5 In compliance with legislation, issues orders and decrees that should be immediately implemented, approves (signs) normative legislative acts, organizes their application and monitors it; 14.6 Annuls decisions of high-officials of the Committee that contradicts to the legislation; 14.7 Represents the Committee. 15. Collegium consisting of the Committee’s Chairperson (head of the collegium), deputies and high-officials organized in the Committee. The Committee’s collegium may also include specialists and scientific professionals. 16. The Cabinet of Ministers of the Republic of Azerbaijan approves the number and composition of the Committee’s collegium. 17. During its meetings, the Committee’s collegium discusses the issues concerning Committee’s activities and make relevant decisions. 18. The meetings of the Committee’s collegium considered valid in case of participation of more than half of its members. The decisions of the Committee’s collegium made through single majority of voice of its members. During the decision-making process of the Committee’s collegium, in case if the votes are equal, then the vote of the Chairperson considered to be deciding vote.

19. The decisions of the collegium formalized in records and approved by the Chairperson of the Committee. 20. In case of clash of opinions among members of the Committee’s collegium, the Chairperson of the Committee applies its decision by providing information about this case to the Cabinet of Ministers of the Republic of Azerbaijan. The members of the Committee’s collegium may share their opinion with the Cabinet of Ministers of the Republic of Azerbaijan. 21. Heads of other executive authority bodies and institutions, as well as representatives of non- governmental organizations can be invited, once needed, to the meetings of the Committee’s collegium. 22. Scientific-methodological Council, working on the voluntary basis, established at the Committee for learning and application of best practices in the relevant field. The Statute of Scientific- methodological Council is approved the Chairperson of the Committee.

Annex 4: Structure of the State Committee for Family, Women and Children

STRUCTURE OF THE SCFWCA

Chairperson

Central Administration Deputy Chairperson Deputy Chairperson

Department Information and Department for Department for Department for HR and Office for Legal Analytical Family Children Women Issues Clerical Affairs Research Problems Problems and Gender Department Department Equality

Intergovernmental Adoption Sector

Department for Department for Department for Finance and Work with Regional International Economy Centres Relations 41