Azerbaijan: Treatment of ethnic Russians (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 | AZE100824.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Azerbaijan: Treatment of ethnic Russians (2004-2006), 20 February 2006, AZE100824.E, available at: https://www.refworld.org/docid/45f146ef2b.html [accessed 18 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. |
Information on the treatment of ethnic Russians in Azerbaijan was scarce among the sources consulted by the Research Directorate. The Russian minority accounts for between 1.8 per cent (based on the 1999 census) (Azerbaijan 2004; US 10 Jan. 2006) and 2.5 per cent (MSN Encarta n.d.; NCSJ n.d.) of the population, which was estimated at 7,911,974 in 2005 (MSN Encarta n.d.).
Freedom House reported that some ethnic minorities encountered to discrimination in such areas as housing, education and employment (July 2005). The United Nations Committee on the Elimination of Racial Discrimination (CERD) noted that, although Azerbaijan had demonstrated improvements by enacting legislation with provisions for racial discrimination, there had been no discrimination related cases prosecuted (14 Apr. 2005). In its summary record, the CERD questioned how such legislation would stem the reportedly discriminatory practices of public officials and law enforcement personnel (15 Mar. 2005, Para. 13). The CERD also recommended that Azerbaijan broaden its hitherto narrow understanding of discrimination by not only addressing its "most severe and extreme manifestations" but its commonplace occurrence (15 Mar. 2005, Para. 34). Concern over the lack of programs to support minority languages or those fostering intercultural education was also expressed by the Committee (UN 14 Apr. 2005).
The Council of Europe also recognized Azerbaijan's efforts at addressing the issue of racial discrimination, yet suggested the adoption of new legislation for the protection of national minorities, including minority language standards, as well as the more active participation of national minorities in the process of decision-making through consultation with government (13 July 2004).
The news agency ITAR-TASS, quoting a representative of the Molokan (ethnic Russian) community, reported that there is no conflict between ethnic Russians and Azeris in Azerbaijan (21 July 2005) and that "there is no intolerance to the Russian language, culture or people" according to a parliamentary official (ITAR-TASS 26 May 2005). Similarly, Interfax News Service reported that a Russian Foreign Ministry representative stated, "We [Russians] have no particular problems in Azerbaijan" (6 July 2004).
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, Sec. 109), racial discrimination (ibid., Sec. 111), infringement of citizens' equality (ibid., Sec. 154), and incitement of national, racial or religious hostility (ibid., Sec. 283), as well as stiffer sentencing for murder whose motive is based on "national, racial [or] religious hatred or enmity" (ibid., Sec. 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 (Azerbaijan 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 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).
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. 2004. The State Statistical Committee of the Azerbaijan Republic. Statistical Yearbook of Azerbaijan 2004. Council of Europe (COE). 13 July 2004. "Resolution ResCMN(2004)8 on the Implementation of the Framework Convention for the Protection of National Minorities by Azerbaijan." Freedom House. July 2005. "Azerbaijan." Freedom In the World 2004. Interfax News Service [Moscow]. 6 July 2004. "Diplomat Wants Russian to Be Used for Interethnic Communication in CIS." (Factiva)
ITAR-TASS World Service [Moscow]. 21 July 2005. Sevindzh Abdulayeva. "Ilham Aliyev Guarantees Equal Rights to Citizens." (Factiva) Microsoft Network Encarta (MSN Encarta). N.d. "Azerbaijan." National Conference on Soviet Jewry (NCSJ). N.d. "Azerbaijan Country Page." 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). United States (US). 10 January 2006. Central Intelligence Agency (CIA). The World Factbook. "Azerbaijan." Additional Sources Consulted
Oral sources: Three oral sources did not provide information within the time constraints of this response.
Internet sites, including: Amnesty International, Azerbaijan Foundation of the Democracy Development and Human Rights, Center for International Development and Conflict Management, Council of Europe, Eurasianet, European Centre for Minority Issues, European Country of Origin Information Network, European Network Against Racism, Factiva, European Research Centre on Migration and Ethnic Relations, Human Rights Center of Azerbaijan, Human Rights Watch, International Helsinki Federation for Human Rights, International Organization for Migration, Minorities at Risk Project, Minority Electronic Resources, Minority Rights Group International, Organization for Security and Co-operation in Europe, Radio Free Europe/Radio Liberty, United Nations High Commissioner for Human Rights, United States Department of State, Virtual Azerbaijan.
_____. 1 September 2000. Criminal Code of the Azerbaijan Republic. (Legislationline).
_____. 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.
_____. 26 May 2005. Ivan Novikov. "No Place for Russophobia in Azerbaijan – Deputy Parliament Speaker." (Factiva)
_____. 15 March 2005. Committee on the Elimination of Racial Discrimination (CERD). Summary Record of the 1691st Meeting: Azerbaijan. (CERD/C/SR.1691).
