United Nations A/HRC/WG.6/30/AZE/1 General Assembly Distr.: General 16 February 2018 English Original: Russian Human Rights Council Working Group on the Universal Periodic Review Thirtieth session 7−18 May 2018 National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21* Azerbaijan * The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations. GE.18-02458 (E) 070318 080318 A/HRC/WG.6/30/AZE/1 I. Preparation of the report 1. A working group consisting of representatives of government bodies and the Presidential Council on State Support for NGOs was set up pursuant to a Presidential Order of 6 September 2017 to prepare the third national report of Azerbaijan in the framework of the universal periodic review mechanism. The Order also provided for representatives of the Office of the Procurator General and the Office of the Commissioner for Human Rights (the Ombudsman) to take part in the work of the working group. The Ministry of Foreign Affairs coordinated preparation of the report. 2. In conformity with decision No. 17/119 of the United Nations Human Rights Council on follow-up to resolution 16/21 of the Human Rights Council on the universal periodic review, the third national report contains information on the implementation of the recommendations accepted during the second review, as well as on recent achievements in the promotion and protection of human rights in the country. 3. In 2016, an interim report on implementation of the recommendations accepted during the country’s second review cycle under the universal periodic review mechanism was submitted to the Office of the United Nations High Commissioner for Human Rights. 4. The draft of the third national report was posted on the Ministry of Foreign Affairs website for comment from civil society and NGOs. II. Measures taken in the area of human rights and implementation of recommendations Cooperation with international human rights mechanisms 5. In 2013, Azerbaijan extended a standing invitation to all the special procedures of the Human Rights Council. 6. The following visits have taken place in the past four years: • 26 November–5 December 2013: visit of the Special Rapporteur on violence against women, its causes and consequences • 19–24 May 2014: visit of the Special Rapporteur on the human rights of internally displaced persons • 16–24 April 2015: visit of a delegation from the Subcommittee on Prevention of Torture • 16–25 May 2016: visit of the Working Group on Arbitrary Detention • 14–22 September 2016: visit of the Special Rapporteur on the situation of human rights defenders • 29 March–8 April 2016: visit of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment • 3–7 July 2017: visit of the Advisory Committee on the Council of Europe Framework Convention for the Protection of National Minorities • It had been agreed that the Special Rapporteur on the human rights to safe drinking water and sanitation would visit the country in February 2015; at the request of the Rapporteur, the visit was cancelled owing to the tight schedule • The Azerbaijani side proposed that the Special Rapporteur on the rights to freedom of peaceful assembly and of association should visit the country in November– December 2016; the visit was postponed at the request of the Rapporteur 2 GE.18-02458 A/HRC/WG.6/30/AZE/1 7. The Government of Azerbaijan has submitted the following reports over the past four years: • In 2013, it submitted its fifth periodic report on implementation of the Convention on the Elimination of All Forms of Discrimination against Women, which was considered in 2015 • In 2014, it submitted its fourth periodic report on implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was considered in 2015 • In 2014, it submitted its combined seventh to ninth periodic reports on implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, which were considered in 2016 • In 2014, it submitted its fourth periodic report on implementation of the International Covenant on Civil and Political Rights, which was considered in 2016 • In 2016, it submitted its fourth periodic report on implementation of the Framework Convention for the Protection of National Minorities to the Council of Europe • In 2017, the Government of Azerbaijan submitted an updated common core document to the Office of the United Nations High Commissioner for Human Rights • Azerbaijan submits annual reports on implementation of the European Social Charter of the Council of Europe 8. On 6 June 2017, in a statement to the Human Rights Council at its thirty-fifth session, the United Nations High Commissioner for Human Rights named Azerbaijan as one of the 34 countries that had fulfilled their reporting obligations to the United Nations treaty bodies in a timely manner. Participation in international human rights treaties 9. Since the second review cycle, Azerbaijan has ratified the following international conventions: • Protocol No. 15 amending the Convention for the Protection of Human Rights and Fundamental Freedoms • The Third Additional Protocol to the European Convention on Extradition • The Protocol amending the Convention on Mutual Administrative Assistance in Tax Matters • The Council of Europe Convention on the Prevention of Terrorism • The Additional Protocol to the Criminal Law Convention on Corruption 10. As regards the accession of the Republic of Azerbaijan to the Optional Protocol to the Convention on the Rights of the Child on a communications procedure and the International Convention for the Protection of All Persons from Enforced Disappearance, further internal coordination is required. 11. Azerbaijan is not a party to the Rome Statute of the International Criminal Court, but understands that the protection of civilians, respect for human rights and humanitarian law and the fight against impunity for international crimes contribute to the maintenance of international peace and security and thus are the responsibility of the international community as a whole. 12. For that reason, the Republic of Azerbaijan was represented at the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, held from 15 June to 17 July 1998 in Rome, and participated in the adoption of the Final Act of the Conference. Azerbaijan continues to observe the activities of the International Criminal Court and is studying thoroughly the possibility of adopting GE.18-02458 3 A/HRC/WG.6/30/AZE/1 legal mechanisms for effective cooperation with the Court, to facilitate implementation of the obligations incumbent on the States parties to the Rome Statute. 13. Act No. 146IIIQ on the accession of the Republic of Azerbaijan to the Convention against Discrimination in Education was adopted on 2 October 2006. Improvement of national legislation 14. Azerbaijan is committed to the principles of the universality, interdependence and indivisibility of all human rights and fundamental freedoms. With the country’s international commitments in mind, national legislation is constantly being improved and brought into line with international standards, including with regard to the protection of fundamental human rights and freedoms. The recommendations of the relevant United Nations mechanisms are also taken into account in the process of improving legislation. 15. The following laws and regulations were adopted during the reporting period with the aim of bringing the country’s legislation into line with its international obligations: • The Migration Code (2 July 2013) • The Code of Administrative Offences (1 March 2016) • The Mandatory Childhood Health Checks Act (5 March 2013) • The Act on Business Inspection Procedure and Protection of Business Interests (2 July 2013) • The Public Participation Act (22 November 2013) • The Ethical Behaviour of Municipal Employees Act (28 April 2015) • The Citizens Appeals Act (30 September 2015) • The Religious Extremism Act (4 December 2015) • The Preschool Education Act (14 April 2017) • The Unemployment Insurance Act (30 June 2017) 16. Following a referendum held on 26 September 2016, the Constitution was amended to provide more robust protection for human rights and fundamental freedoms, to establish effective and flexible governance mechanisms and to ensure the effectiveness of the economic reforms implemented. 17. Specifically, the changes included guarantees of protection and respect for human dignity, the prohibition of any abuse of rights, the protection of personal information, the right to fair treatment by public authorities in order to exclude arbitrariness, the civil liability of the State and public servants for harm caused to human rights and freedoms, the right of every individual to an impartial hearing in administrative and judicial review, as well as the possibility of recourse to the courts in respect of the acts or omissions of public authorities, political parties, legal entities, municipalities and public officials. 18. It should be noted that the National Plan of Action for More Effective Protection of Human Rights and Freedoms in the Republic of Azerbaijan remains an integral part of the continued activities related to protecting human rights and freedoms in the country and includes, inter alia, improvements