Azerbaijan: Situation of homosexuals; legality; treatment of homosexuals by police; government attitude towards police treatment of homosexuals (2004-2005)

Current information regarding the situation of homosexuals in Azerbaijan is scarce among the sources consulted by the Research Directorate. According to the Country Reports on Human Rights Practices 2004, in Azerbaijan "[t]he Government did not officially condone discrimination based on sexual orientation; however, there was societal prejudice against homosexuals, especially with regard to housing" (28 Feb. 2005, Sec. 5).

In 15 December 2005 correspondence, the Director of the Human Rights Center of Azerbaijan (HRCA or AIHMM) stated that homosexuality was decriminalized on 1 September 2000. However, he added that homophobia is widespread in Azerbaijan, heard even in parliamentary speeches, and there are no campaigns to eliminate discrimination against homosexuals (HRCA 15 Dec. 2005). According to HRCA, homosexuals, unless engaged in prostitution, are not harassed by police yet the director also reported that there are "free zones" in Baku city where gay and transvestite prostitution allegedly goes unchecked owing to police bribery (ibid.).

In a previous correspondence from the same source, the Director of HRCA indicated that lesbianism has never been illegal in Azerbaijan (20 June 2004). Furthermore, while many men are homosexuals, "including [some] well-known intellectuals", they hide their sexual orientation (HRCA 20 June 2004). Lesbians also hide their sexual orientation, more so than gay men, even though they were never "persecuted" (ibid.).

The following information was provided by the Social Union for Civil Rights, a Baku-based non-governmental organization that works with gays and lesbians in Azerbaijan, through the International Lesbian and Gay Association (ILGA), on 24 May 2004:

There are lesbians and gays in Azerbaijan. [...] Even if [the] general population was aware of this fact, the government agencies have never accepted it. In comparison with [the] situation of gays, which is relatively well known and is accepted [...] to [a] certain extent (there is both aggressive and tolerant attitude towards them), the situation of lesbians is still unspoken [of...]. In comparison with gays, lesbians can conceal their sexual orientation and thus avoid the pressure of police in many instances. [...] On the state level there are NO discussions on the situation of lesbians. [...] From discussions with lesbians themselves, it becomes evident that wealthy men [...], in many instances high governmental officials, use [the] services of lesbians and can find them in special clubs, well-known in specific circles. [...] [The] question [of availability of state protection for lesbians] is not researched in Azerbaijan.

ILGA provided the following information to the Research Directorate in 19 May 2004 correspondence:

The society's attitude towards lesbians is one of disdain. There are no visible organizations that deal with society's attitude[s] towards lesbian[s] nor any government programs directed to sexual minorities. Most of Azeri society takes the position that there are no gay or lesbian people in Azerbaijan and that it is a Western import. If a person's sexual orientation is known or they are perceived to be lesbian or gay, they will be harassed at work, school, on the streets, and face ostracism from the family.

Azeri state authorities have the same attitude as the society towards lesbian[s]. They offer no protection and the police act with impunity when it comes to harassment of lesbians and gays. The police have been known to arrest individuals just for being perceived as gay and then bribing them to keep it secret.

There is no state protection available to lesbians in Azerbaijan either through legislation or in practice.

Although homosexuality is not illegal in Azerbaijan, it is not openly accepted by society (Azerb.com n.d.). One Azeri Website states that "[h]omosexuality is not well seen and public homosexual behaviour not tolerated, although a couple of bars seem to work as meeting places for the gay and lesbian community. The environment is more relaxed than in the Central Asian republics. Nevertheless gay visitors may consider keeping a low profile" (ibid.). One newspaper reports "[h]omosexuals are deeply stigmatized in mostly Muslim Azerbaijan" (AFP 25 July 2005).

No more current information regarding the situation of homosexuals or government or police treatment of homosexuals could be found among the sources consulted by the Research Directorate.

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

Agence France-Presse (AFP). 25 July 2005. "Azeri Opposition Politician Defends Own Heterosexuality." (Factiva)

Azerb.com. N.d. "A to Z of Azerbaijan: Sex in Azerbaijan." [Accessed 15 Dec. 2005]

Country Reports on Human Rights Practices for 2004. 28 February 2005. United States Department of State. [Accessed 14 Dec. 2005]

Human Rights Center of Azerbaijan (HRCA), Baku. 15 December 2005. Correspondence from the Director.
_____. 20 June 2004. Correspondence from the Director.

International Lesbian and Gay Association (ILGA), Brussels. 19 May 2004. Correspondence from a representative.

Social Union for Civil Rights. 24 May 2004. Correspondence from a representative.

Additional Sources Consulted

Oral sources: One oral source did not provide information within the time constraints of this response.

Internet sites, including: Amnesty International, ANS Group of [Media] Companies, Asylum Law, Azerbaijan International, Baku State University, Baku Today, Central Asian and Southern Caucasian Freedom of Expression Network (CASCFEN), Council of Europe (COE), Eurasianet.org, Factiva, First Azerbaijan Gay's Web Site, Freedom House, GayGuide.net, Gay.ru, Human Rights Center of Azerbaijan, Human Rights Watch, International Federation of Human Rights (FIDH), International Gay and Lesbian Human Rights Commission (IGLHRC), International Helsinki Federation, International Lesbian and Gay Association (ILGA), Ministry of Justice of Azerbaijan, Open Society Institute, PlanetOut.com, Pride Community Business Guide (PCBG), Queer Day Magazine, Radio Free Europe/Radio Liberty, United Nations High Commissioner for Human Rights.