Follow-up table to the country visit of the Special Rapporteur on freedom of religion or belief to Azerbaijan (26 February-5 March 2006) Recommendations of the Special Rapporteur’s mission report Follow-up information from UN documents (e.g. Special Follow-up information from the (A/HRC/4/21/Add.2) Procedures, UPR, Treaty Bodies) Government of Azerbaijan 92. The Government should primarily ensure that all individuals who A/HRC/WG.6/4/AZE/3 A/HRC/WG.6/4/AZE/1 may have been the victim of violations of their right to freedom of religion Working Group on the Universal Periodic Review, Working Group on the Universal or belief or of other human rights because of their religion or belief receive summary of stakeholders’ submissions, November 2008 Periodic Review, National report, appropriate redress, including through a judicial procedure. It should 22. BF noted that, while the Constitution firmly establishes November 2008 also ensure that the perpetrators of acts that have caused such violations protections for the freedom of religion in Azerbaijan, the state 95. Religious and racial discrimination are prosecuted according to applicable criminal procedures. Such has failed to implement these protections in law or practice. are combated in accordance with the measures should also be systematically enforced for any future acts of BF further stated that, even though the Constitution explicitly international conventions to which religious intolerance or other forms of persecutions of members of provides for the necessary protections of religious freedom, Azerbaijan is a party and domestic law. religious communities in accordance with the criminal laws of the country. the government of Azerbaijan treats religion as a threat to its The Government has focused security and authority. consistently on implementing the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination and the Framework Convention for the Protection of National Minorities. See Annex for a translation of the Government’s reply of 5 April 2010 93. In particular, the Special Rapporteur urges the Government to A/HRC/11/20 A/HRC/WG.6/4/AZE/1 give special attention to any form of religious intolerance towards Report of the Working Group on the Universal Periodic Working Group on the Universal religious minorities and take the appropriate measures to address and Review, February 2008 Periodic Review, National report, prosecute all forms of incitement to religious hatred in accordance with 70. Italy recommended that Azerbaijan take fully into account November 2008 article 20 of the International Covenant on Civil and Political Rights and the recommendations of the Special Rapporteur on Freedom 100. Under article 1 of the Freedom of other relevant human rights provisions, including when these acts are of Religion aimed at promoting and fully ensuring freedom of Religion Act, everyone is free to perpetrated by the media. religion for all religious communities throughout Azerbaijan. determine his or her attitude to faith, has the right to profess any religion individually or with others, and to express and disseminate his or her religious convictions. Equal conditions have been created for the activities of members of all religious minorities in Azerbaijan. Today, members of religious minorities live in mutual understanding and tolerance as a result of measures that are being carried out. At present in Azerbaijan, Russian Orthodox, Albano-Udi, Jewish 1 Recommendations of the Special Rapporteur’s mission report Follow-up information from UN documents (e.g. Special Follow-up information from the (A/HRC/4/21/Add.2) Procedures, UPR, Treaty Bodies) Government of Azerbaijan and other non-Islamic religious communities function freely alongside Islamic communities. See Annex for a translation of the Government’s reply of 5 April 2010 94. Concerning the prerogatives that are exercised by the relevant A/HRC/WG.6/4/AZE/2 See Annex for a translation of the State mechanisms with regard to religious groups and communities, the Working Group on the Universal Periodic Review, Government’s reply of 5 April 2010 Government should generally reassess the level of control on the compilation of information contained in the reports of activities of those groups and communities in order to reach the right treaty bodies and special procedures, December 2008 balance between a necessary regulation of religious activities in the society 28. […] The legislative framework in terms of the right to and the exercise of the right to freedom of religion or belief of all freedom of religion is in line with human rights norms but the individuals living under Azerbaijan jurisdiction. interpretation of certain of its provisions may raise concerns. The Government has created or re-established specific mechanisms to deal with religion-related matters which do not fully respect the principles of freedom of religion. The respect for the right to freedom of religion or belief is not uniformly observed in all regions of Azerbaijan. A/HRC/WG.6/4/AZE/3 Working Group on the Universal Periodic Review, summary of stakeholders’ submissions, November 2008 22. […] Fears of radical religious groups and foreign influence on religious groups have caused the Government to enact a strict religion law, which seeks to control religion through a burdensome and overly restrictive registration process. 95. Concerning SCWRA, the Government should, as a priority, A/HRC/WG.6/4/AZE/3 See Annex for a translation of the organize a system of training for persons who work directly or indirectly Working Group on the Universal Periodic Review, Government’s reply of 5 April 2010 with the Committee on human rights in general and the right to freedom of summary of stakeholders’ submissions, November 2008 religion or belief in particular. Moreover, it should define clear guidelines 24. The Ombudsman stated that in the past, complaints were and objective criteria concerning the activities of staff members of received from representatives of Jehovah’s Witnesses. The SCWRA. Ombudsman met with their representatives and made inquiries to the relevant authorities, including the Committee of Religious Affairs. In certain cases, it was found that these persons were detained for violation of the Law “On freedom of religion” (i.e. they were attracting teenagers to their community, disseminating illegal literature). 96. Regarding the registration of religious associations, the A/HRC/WG.6/4/AZE/3 A/HRC/WG.6/4/AZE/1 2 Recommendations of the Special Rapporteur’s mission report Follow-up information from UN documents (e.g. Special Follow-up information from the (A/HRC/4/21/Add.2) Procedures, UPR, Treaty Bodies) Government of Azerbaijan Government should first take the necessary measures so that the principle Working Group on the Universal Periodic Review, Working Group on the Universal according to which registration does not constitute a precondition to the summary of stakeholders’ submissions, November 2008 Periodic Review, National report, exercise of the right to freedom of religion, including the right to manifest 23. […] Police raids have occurred on churches with or November 2008 one’s own religion individually or in a group, is widely disseminated without registration. Religious literature is censored and the 101. Under article 48 of the among the population as well as to the appropriate law enforcement International Religious Liberty Association Azerbaijan Constitution, every citizen has the right agencies. Affiliate has not been allowed to register over the last two to freedom of conscience and the right years. freely to determine his or her attitude to religion, express and disseminate his or CCPR/C/AZE/CO/3 her religious convictions and perform Concluding observations of the Human Rights religious ceremonies. In Azerbaijan, Committee: Azerbaijan, July 2009 336 Islamic and 28 non-Islamic 13. The Committee notes with concern that, religious tendencies have been notwithstanding the delegation’s explanation that the practice registered. Of the latter, 20 are of religion is not restricted in the State party, religious Christian, 7 are Jewish and 1 is communities are requested to register and obtain legal Krishnaite. There are now a Roman personality in order to be able to function freely, as the lack of Catholic church, three synagogues and legal personality may prevent such communities from the three Russian Orthodox churches in enjoyment of a large number of rights. The Committee is Baku. The towns of Gäncä and Xaçmaz further concerned at the obligation for Muslim religious each have a Russian Orthodox church, communities to obtain a prior authorization from the and the towns of Oğuz and Quba each Caucasus Muslim Board before applying for official have a synagogue. Every opportunity registration. It regrets the absence of any information on the has been afforded for citizens to exact composition, criteria and prerogatives of this Board, or worship in the 1,400 active mosques, on the possibilities for appealing against the negative churches, synagogues and temples decisions of the Board. The Committee is concerned at the throughout Azerbaijan, and every step information that no person may teach religion in the State has been taken to provide for their party if he or she has graduated abroad (art. 18). safety. The State party should take steps to ensure full respect for the right of freedom of religion or belief and ensure that its See Annex for a translation of the legislation and practices conform fully to the requirements of Government’s reply of 5 April 2010 article 18 of the Covenant. 97. Moreover, the procedure of registration of religious A/HRC/11/20 See Annex for a translation of the associations should be more transparent, including regarding the Report of the Working Group on the Universal Periodic Government’s reply of 5 April 2010 timeframe of the process. In case of refusal of registration, the relevant Review, February 2008 institutions have an obligation to formally transmit to the community or 75.