Azerbaijan: What is the current status of the Law on Citizenship; whether dual citizenship is permitted; whether special conditions exist for ethnic groups; what are the conditions for loss of citizenship (2004-2005)

The Law on Citizenship of the Republic of Azerbaijan was enacted on 30 September 1998 (SHR 6 Mar. 2004; UN 7 Mar. 2005; Azer-Press 28 Jan. 2004). During a January 2006 telephone interview, a representative of the Embassy of Azerbaijan in Ottawa confirmed that the 1998 Law on Citizenship remained in force (9 Jan. 2006). Dual citizenship is not permitted in Azerbaijan (Forum 18 1 Nov. 2005). Specifically, Article 10 of the Law on Citizenship states that "[a]ffiliation of Azeri citizen to the citizenship of a foreign state shall not be recognized" (Azerbaijan 30 Sept. 1998a).

The representative of the Embassy of Azerbaijan in Ottawa also said that there are no special ethnic considerations regarding citizenship, that everybody has the same rights and obligations under the law (9 Jan. 2006). That provision is found in Article 3 of the Law on Citizenship: "[t]he rights, freedoms and obligations of the citizens of the Azerbaijan Republic shall be equal regardless of their origin, social and property status, race and nationality, sex, educational background, language, religious views, political and other convictions [...] as well as of other factors" (Azerbaijan 30 Sept. 1998a). In addition, an Azeri delegation appearing before the United Nations Committee on the Elimination of Racial Discrimination (CERD) in March 2005 indicated that the "law ensured [...] there was no category for ethnicity in registration forms for citizenship" (7 Mar. 2005).

Article 16 of the Law on Citizenship, addressing grounds for citizenship termination, stipulates:

The citizenship of the Azerbaijan Republic shall be terminated in the following cases:

1) as a result of dropping the citizenship of the Azerbaijan Republic;

2) as a result of forfeiting the citizenship of the Azerbaijan Republic;

3) if there are grounds provided by international treaties of the Azerbaijan Republic;

4) if there are other grounds provided by this Law (Azerbaijan 30 Sept. 1998a).

As per Article 17, an application process and payment of a state duty are required for "dropping the citizenship", or withdrawing one's citizenship; however, the application will be rejected if the requester has obligations or liabilities towards the State, legal entities or individuals of Azerbaijan (ibid., Art. 17). According to a different translation of the Law on Citizenship obtained through the United Nations High Commissioner for Refugees (UNHCR), Article 17 also indicates that withdrawal of citizenship is permitted when an individual acquires citizenship of another country (Azerbaijan 30 Sept. 1998b, Art. 17). Forfeiture of citizenship occurs in cases where an individual has obtained his or her citizenship through false documents or information (Azerbaijan 30 Sept. 1998a, Art. 18). During a telephone interview, a representative of the Embassy of Azerbaijan in Ottawa indicated that, to his knowledge, there were no situations other than those mentioned above where an individual could lose his or her citizenship (9 Jan. 2006).

In general terms, the rights and guarantees of citizens, as well as the rights of foreign citizens and of persons without citizenship residing in Azerbaijan, are enshrined in the Constitution of the Azerbaijan Republic (27 Nov. 1995, Art. 52, 53 and 69).

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

Azerbaijan. 9 January 2006. Embassy of Azerbaijan, Ottawa. Telephone interview with a representative.
_____. 30 September 1998a. Law on Citizenship. (Council of Europe). [Accessed 6 Jan. 2006]
_____. 30 September 1998b. Law on Citizenship. (United Nations High Commissioner for Refugees / Refworld 2005). [Accessed 10 Feb. 2006]
_____. 27 November 1995. Constitution of the Azerbaijan Republic. (Parliament of the Republic of Azerbaijan). [Accessed 6 Jan. 2006]

Azer-Press [Baku]. 28 January 2004. "Citizenship Problems Seminar Has Begun in Baku." (Factiva)

Forum 18 [Oslo]. 1 November 2005. Felix Corley. "Azerbaijan: Selective Obstruction of Foreign Religious Workers." [Accessed 10 Feb. 2006]

Society for Humanitarian Research (SHR). 6 March 2004. Human Rights in Azerbaijan. Avaz Hasanov. "Azerbaijan Legislation on Migration Problems." [Accessed 6 Jan. 2006]

United Nations (UN). 7 March 2005. Committee on the Elimination of Racial Discrimination (CERD). Committee on Elimination of Racial Discrimination Considers Report of Azerbaijan. [Accessed 6 Jan. 2006]

Additional Sources Consulted

Internet sites, including: Amnesty International, Asylum Law, Azerbaijan International Magazine, European Country of Origin Information Network, Forum 18, Freedom House, Human Rights Centre of Azerbaijan, Human Rights Watch, Internal Displacement Monitoring Centre, International Helsinki Federation, International Organization for Migration, Ministry of Internal Affairs of the Republic of Azerbaijan, Ministry of Justice of the Republic of Azerbaijan, The Organization for Security and Co-operation of Europe, Radio Free Europe/Radio Liberty, United Nations High Commissioner for Human Rights, United Nations High Commissioner for Refugees, United States Department of State.