Azerbaijan: Whether alternative service is available for conscientious objectors in Azerbaijan (2000-2001)

The information that follows adds to that provided in

The Constitution of Azerbaijan contains a reference to conscientious objection, under Chapter IV, Article 76:

Article 76. Defence of motherland

I. Defence of motherland is duty of any citizen. Citizens of the Republic serve in the army according to legislation.

II. If beliefs of citizens come into conflict with service in the army then in some cases envisaged by legislation alternative service instead of regular army service is permitted (Azerbaijan n.d.).

The second periodic report of the Republic of Azerbaijan to the United Nations Human Rights Committee in May 2000 provides the following information:

The legal bases of military service

249. In Azerbaijan, the purpose of military service is to ensure that the Armed Forces have sufficient personnel to be able to fulfil the tasks entrusted to them by the Constitution, the Constitutional Act on the State Independence of the Azerbaijan Republic and the Armed Forces of the Azerbaijan Republic Act.

250. The law on conscription is intended to define the foundations for compulsory military service, the procedure for training young people for military service, the conditions and procedure for the call-up to, and acceptance for such service, the procedure for registering persons as liable to military service and as conscripts, the grounds for mobilization and demobilization, and the procedure for training officers for the Armed Forces and maintaining the Armed Forces' mobilization readiness.

251. Pursuant to article 9 of the Constitution and article 29 of the Constitutional Act on the State Independence of the Azerbaijan Republic, defence of the country and military service are sacred duties of citizens of the Azerbaijan Republic. Military service for the periods and in the forms provided for by law is obligatory.

252. The country's Armed Forces exist to safeguard national sovereignty and the integrity and inviolability of the national territory, to protect national interests, and to prevent armed attacks on the country and aggression.

253. With the exception of persons assigned to alternative service (labour), every able-bodied male citizen of Azerbaijan aged 18 or more is obliged to serve in the Armed Forces for a period of 18 months or to undergo training for periods of from one to three months. Citizens who, because of their beliefs or for other reasons recognized by law, are unable to perform military service must perform alternative service (labour) for a period of 24 months.

254. More detailed and clearer statements of the rights and obligations regarding conscription and the performance of military service can be found in the following legislation:

The Constitution (arts. 11 and 112);

The Constitutional Act on the State Independence of the Azerbaijan Republic (art. 29);

The Armed Forces Act (arts. 1, 2 and 3);

The Defence Act (preamble and arts. 1 and 13-18);

The Status of Military Personnel Act (arts. 1 and 6-31);

The Call-up for Military Service in the Azerbaijan Republic (Fundamentals) Act (arts. 1, 2, 8, 16-21, 24-26 and 28-29);

The Pension Arrangements for Military Personnel Act;

The Regulations on the Performance of Military Service (United Nations 4 May 2000).

Copies of the above-cited pieces of legislation could not be found among the sources consulted by the Research Directorate.

Later, the UN Human Rights Committee stated:

The Committee considered the second periodic report submitted by the Azerbaijan Republic (CCPR/C/AZE/99/2) at its 1974th and 1975th meetings, held on 26 October 2001. The Committee adopted the following concluding observations at its 1983rd meeting, held on 1 November 2001.

...

21. The Committee takes note of the fact that the law makes no provision for the status of conscientious objector to military service, which may legitimately be claimed under article 18 of the Covenant.

The State party should ensure that persons liable for military service may claim the status of conscientious objector and perform alternative service without discrimination (United Nations 5 Nov. 2001).

On 24 August 2002, the government of Azerbaijan held a "referendum, which made 39 changes to the country's constitution" (RFE/RL 26 Aug. 2002). One report states that "human rights advocates welcomed some of them [constitutional changes] in the abstract, such as a guaranteed alternative to military service and granting citizens the right to take grievances to the Constitutional Court, the country's highest court" (ibid.).

Additional information could not be obtained from the Embassy of Azerbaijan in Washington, DC, within the time constraints of this Response.

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 to refugee status or asylum.

References

Azerbaijan Constitutional Court, Baku. n.d. The Constitution of Azerbaijan Republic. [Accessed 20 Sept. 2002]

Radio Free Europe/Radio Liberty (RFE/RL), Prague. 26 August 2002. Richard Allen Greene. "Azerbaijan: Government Claims Victory In Controversial Referendum." [Accessed 27 Aug. 2002]

United Nations. 5 November 2001. Human Rights Committee. (CCPR/CO/73/AZE) Concluding Observations of the Human Rights Committee: Azerbaijan. [Accessed 19 Sept. 2002]

_____. 4 May 2000. Human Rights Committee. (CCPR/C/AZE/99/2)