Azerbaijan: Treatment of ethnic Armenians (2004-2006)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board of Canada, Ottawa |
| Publication Date | 20 February 2006 |
| Citation / Document Symbol | AZE100823.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Azerbaijan: Treatment of ethnic Armenians (2004-2006), 20 February 2006, AZE100823.E, available at: https://www.refworld.org/docid/45f146ef1c.html [accessed 24 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Azerbaijan has included anti-discrimination provisions in the legislation it enacted in the last few years (UN 14 Apr. 2005; ibid. 15 Mar. 2005). The Criminal Code of 2000 includes provisions against discrimination (Azerbaijan 1 Sept. 2000, Art. 109), racial discrimination (ibid., Art. 111), infringement of citizens' equality (ibid., Art. 154), and incitement of national, racial or religious hostility (ibid., Art. 283), as well as stiffer sentencing for murder whose motive is based on "national, racial [or] religious hatred or enmity" (ibid., Art. 120.2.12). The Code of Criminal Procedure of Azerbaijan also contains a provision for the equality of all in judicial matters, regardless of, among other things, race and ethnicity (ibid. 14 July 2000, Art. 11). The Labour Code prohibits discrimination based on various characteristics, including race and nationality (ibid. 1 Feb. 1999, Chap. I, Sec. 16). The Constitution of Azerbaijan accords equal rights and freedoms to all, regardless of race or nationality (ibid. 27 Nov. 1995, Chap. II, Art. 25).
In addition, the Ombudsman's Office was established in July 2002 (UN 15 Mar. 2005, Para. 37). Its mandate is to redress the rights and freedoms of any citizen whose rights and freedoms are violated by the government authorities (ibid., Para. 50). The Ombudsman has the authority to review complaints and appeals, can refer a case to the appropriate judicial authority, can recommend that disciplinary measures be taken against individuals, can demand that the Constitutional Court review or enact legislation to promote human rights and can make recommendations regarding pardons or citizenship issues (ibid., Paras. 50, 52). In the years between 2002 and 2005, the Ombudsman had reviewed 4,500 requests, of which 67 per cent were complaints of violations of economic and social rights, while 32 per cent were complaints of violations of civil and political rights (ibid., Para. 51).
However, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed its concern that no cases of racial discrimination had been examined by the judiciary (ibid. 14 Apr. 2005, Para. 15; ibid. 15 Mar. 2005, Para. 44). The CERD was also concerned that, even though the government of Azerbaijan maintained that ethnic Armenians were not discriminated against, there were reports of such discrimination and that most Armenians in Azerbaijan concealed their ethnic origin to avoid discrimination (ibid. 14 Apr. 2005, Para. 10). This discrimination was corroborated by Country Reports 2004, which also reported that Armenians "were denied work, medical care, and education and could not register their residences due to their ethnicity" (28 Feb. 2005, Sec. 5). It was further reported that some Armenians encountered problems when applying for passports or other identification documents and that in certain parts of the country animosity towards them led to emigration (ibid., Sec. 2.c., 2.d). The Institute for War and Peace Reporting (IWPR) also noted that Armenians faced problems when dealing with official institutions to obtain various documents (25 Nov. 2005). In its general overview of the country, Freedom House reported that ethnic Armenians complained of discrimination (July 2005).
The CERD also raised the following issues in its summary record on Azerbaijan: the lack of awareness of everyday racial discrimination and the tendency to address only the most severe and extreme situations of racism and racial discrimination (UN 15 Mar. 2005, Para. 34); the common occurrence of hate speech and derogatory public statements against Armenians (ibid., Para 35); the lack of intervention on the problem of Armenians and other ethnic minorities losing their property to illegal occupants (ibid., Para. 39); the ambiguity as to what specific acts are included under the new provision for racial discrimination in the Criminal Code (ibid., Para. 43).
After having conducted interviews in Baku, IWPR reported that "at an official level, any discrimination was casual rather than systematic" (25 Nov. 2005). IWPR also quoted a representative from the Social, Anthropological and Ethnological Research think-tank in Baku who stated that "'the Armenians of Azerbaijan have not been afraid in the same way they were before'" and that the media is responsible for inciting animosity and hostility towards Armenians by portraying them as the enemy (IWPR 25 Nov. 2005).
A Bulgarian journalist of Armenian origin, who had travelled to Baku to cover a sports event, was refused entry into Azerbaijan in November 2004 (IHF 27 June 2005; ATV 18 Nov. 2004). According to one source, the "State Border Service explained that ethnic Armenians are not allowed to enter the country due to possible acts of sabotage in Azerbaijan" (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Azad Azarbaycan TV (ATV) [Baku, in Azeri]. 18 November 2004. "Azeri Border Guards Deport Bulgarian Journalist of Armenian Descent." (BBC Monitoring Caucasus/Factiva)
Azerbaijan. 1 September 2000. Criminal Code of the Azerbaijan Republic. (Legislationline). Country Reports on Human Rights Practices for 2004. 28 February 2005. "Azerbaijan." United States Department of State. Freedom House. July 2005. "Azerbaijan." Freedom In the World 2004. Institute for War and Peace Reporting (IWPR). 25 November 2005. Marianna Grigorian and Zarema Velikhanova. "Armenia – Azerbaijan: Those Who Remained." International Helsinki Federation for Human Rights (IHF). 27 June 2005. "Azerbaijan." Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2005. United Nations (UN). 14 April 2005. Committee on the Elimination of Racial Discrimination (CERD). Concluding Observations of the Committeee on the Elimination of Racial Discrimination: Azerbaijan. (CERD/C/AZE/CO/4). Additional Sources Consulted
Internet sites, including: Amnesty International, Armenian Research Center, Center for International Development and Conflict Management, Council of Europe, European Centre for Minority Issues, European Country of Origin Information Network, European Union Monitoring and Advocacy Program, Factiva, Far Eastern Economic Review, Human Rights Center of Azerbaijan, Human Rights Watch, Minorities at Risk Project, Minority Electronic Resources, Minority Rights Group International, Open Society Institute, Organization for Security and Co-operation in Europe, Radio Free Europe/Radio Liberty, United Nations High Commissioner for Human Rights.
_____. 14 July 2000. Code of Criminal Procedure of the Azerbaijan Republic. (Legislationline).
_____. 1 February 1999. Azerbaijan Labour Code. (International Labour Organization).
_____. 27 November 1995. National Assembly. Constitution of the Azerbaijan Republic.
_____. 15 March 2005. Committee on the Elimination of Racial Discrimination (CERD). Summary Record of the 1691st Meeting: Azerbaijan. (CERD/C/SR.1691).
