Report on the 16th Session of the UPR Working Group
Review of Azerbaijan (Tuesday 30 April 2013, 14:30 ~ 18:00)
Led by H.E. Mr. Khalaf Khalafov, Deputy Minister of Foreign Affairs
Opening Remarks
In the opening remarks, the Deputy Minister H.E. Mr. Khalafov stated that Azerbaijan is committed to the promotion and protection of Human Rights in accordance with the UPR mechanism. Azerbaijan, for this Universal Periodic Review (UPR) session, established a working group with participation of civil society and the Ministry of Interior.
In his statement, he raised a concern about ethnic cleansing carried out by Armenia in Azerbaijan and this resulted in the Armenian delegation repeatedly asking for a point of order. The head of Azerbaijan's delegation criticised this attempt to stop the dialogue at the Human Rights Council. The point of order was rejected by the President of the Council.
In 2011, The National Action Program for human rights protection in Azerbaijan was set up to cover issues and recommendations made to the country during its 1st UPR. Overall it develops measures to cover the legal framework and activities of state agencies. This National Action Program contains several categories including job creation, promotion of cultural diversity, fighting against corruption, Promotion of E-technology, rights of women. It set up a working group that coordinates its implementation and periodically submits implementation reports to the president of the country.
Job creation
As a result of this NAP, more than 1 million jobs were created in the non-oil industry or agricultural sector. The government is also promoting cultural diversity and unity as well as research on intercultural dialogue. A project for national minorities was created and exhibitions and other events organised.
To combat corruption
The National Action Plan 2012 – 2015 is developed which covers strong involvement of the national society and the international organisation. This plan is a consolidation in national legislation. The government is called an ‘open government’ to increase transparency of the state bodies, civil services and to provide citizens a high quality life.
The government is operating ASAN Service center for civil benefits. It is operated by 9 state's bodies ; the Ministry of Justice, the Ministry of Interior, Ministry of Taxes, State Committee on Property Issues, State Customs Committee, State Migration Service, State Land and Cartography Committee, State Social Protection Fund and National Archive Department. It provides 25 types of services for social innovation.
Technologies for better freedom of expression
Especially in electoral processes have been developed. The government is putting effort into better online connection between the government and civil society and to encourage online media. There is no limit to the use of technology and more than half of people use internet which will enhance the freedom of expression.
Regarding rights of women
The government has set the minimum age of marriage of both genders at 18. In 2011, Azerbaijan ratified ILO Convention No.156 on Equal Opportunities and Treatment for Men and Women workers. Also, special monitor groups are set up and there are measures to enhance their rights. About early and premature marriage, 20% of early marriages decreased and there is a great presence of women in the field of academic research. Enhancing women’s political social life is one of the major goals of the NAP 2012-2015 which includes large participation of women in decision making processes and their equal presence in all state bodies. Reliable statistics plan are adopted for the period of 2013- 2017; application of collected data on employment and monitoring living conditions of people. Optional Protocol against torture and other forms of cruel treatment and ombudsman as a national mechanism is settled.
During the interactive dialogue, Bangladesh, Belgium, Hungary, Libya, Paraguay Romania, Serbia, Slovakia, Spain and Thailand welcomed the accession of CRPD. Also, countries such as Belgium, Bulgaria, Costa Rica, Ecuador, France, Hungary, Libya, Paraguay, Romania, Slovakia, Switzerland and Thailand commended the ratification of the Optional Protocol to the Convention against Torture (OPCAT). Hungary, Serbia and Slovakia welcomed the ratification of OP CRPD. Cyprus, Cambodia, Chad, Egypt, Iraq, Kazakhstan, Montenegro, Norway, Saudi Arabia, State of Palestine, Turkey, United Arab Emirates and Yemen also welcomed ratification of several international conventions.
However, at the same time, countries such as Spain, Montenegro, Brazil, Chile, and France called for Azerbaijan’s ratification of International Convention for the Protection of All Persons from Enforced Disappearance. Spain and Armenia encouraged Azerbaijan to fully respect International Covenant on Economic, Social and Cultural Rights (ICESCR) and Austria, Uruguay and Armenia suggested ratification of the International Covenant on Civil and Political Rights (ICCPR).
In general Azerbaijan received feedback from countries that the government has put effort to combat domestic violence, reduce poverty for a better promotion of living condition of people under the National Action Plan which ensured social security, employment as well as interaction between government and the civil society.
However, as Azerbaijan is a young democracy, according to the Deputy Minister’s final remarks, there are still many concerns regarding Human Rights and the status of Civil Society. The overall concern was that there should be more practical measures to promote and protect the rights of social minorities such as LGBTs, persons with disabilities, children, women and migrant workers by developing new legislation and receiving special UN visits to Azerbaijan.
Regarding the issue of freedom of assembly and expression
Another frequently raised concern was the government’s restriction on freedom of expression of civil society and NGO activities, media, including journalists, and religious activities. Australia, Austria, Canada, France and many other countries urged the government to ensure their rights are protected and investigate all cases of victims of harassment and intimidation and punish them.
Deputy Minister of Justice stated that “There is a stable growth in the registration of NGOs, about 20% increase every year. There are no possibilities for NGOs without registrations to receive legal entity, they are required to register. Modification on laws to facilitate NGOs activities and transparency of their activities is in progress. In 2012, only 4 cases of closing down of NGOs were registered. More than 300 human rights NGOs are working successfully without any restrictions.” In general, there is a significant improvement of social living conditions which is essential for full enjoyment of Human Rights. However, the country should extend an open standing invitation to all UN mandate holders to conduct their activities.
Regarding concerns on the freedom of assembly, he noted that amendments that were adopted to the law on freedom of assembly in 2009 were prepared with the Venice Commission of the Council of Europe. The final text of the law was fully in compliance with European standards.
In the final remarks, Azerbaijani delegations once more stated that the government has ratified most of HR treaties and conventions and is constantly improving implementation of its obligations under them. The country has a clear policy and firm responsibility for open dialogue with Human Rights Council and all UN mechanisms, especially the UPR process.
Transparency in elections
Countries such as Mexico, the United Kingdom and Switzerland emphasised that transparency for democracy as well as peaceful assembly and demonstration and civil and political rights have to be guaranteed. Voting in and out of countries will make citizens vote freely. The government is also intensifying a campaign for an active election in cooperation with the Council of Europe so that the government will hold a fair and transparent election in accordance with international standards especially through cooperation with European Organisations for democracy. Relevant bodies are working on different projects for the preparation of the election such as education of different electoral actors like voters, co-workers, observers and mass media. There were 50,000 observers in the last presidential election.
Amendment to improve the conditions of detainees
Azerbaijan stated that the government has put efforts to modernise the infrastructure of the penitentiary system. In several regions, a new penitentiary establishment has been built to improve the conditions of the detainees. The World Bank is cooperating with Azerbaijani government for the improvement of the judiciary.
For refugees and Internally Displaced Persons (IDP), economic social assistance has been made available for more than 10 years and the government has been working a great deal to ensure their full integration and to make them receive economic services. As a result, good standard was created for refugees and IDPs.
The government, however, admits the fact that there are many problems with implementation. Many refugees and IDPs are on the shoulders of the government for more than 10 years, and the government has worked hard on their integration in the society. This however is a temporary situation and they will all return home safely as the government is working to improve legislation. The government is also working on a daily basis to ensure human rights improvement.
Education
In the interactive dialogue, Montenegro proposed that Azerbaijan ratify the Convention against Discrimination in Education. In response to this, according to Mr. Gulu Novruzov, Deputy Minister of Education, the education system in Azerbaijan was fundamentally reformed to suit international standards, not only in middle high school level but also at university level, working with European Education Centers. To create the best possible condition for close integration of Azerbaijan’s economy into the world economy, the government is attracting foreign investors for job creation. Emigration is another issue that the government is working on with all countries in Europe.
Regarding Armenia
The deputy minister stressed that 20% of the national territory is occupied by Armenia. The territorial integration was violated and it is a major obstacle for strengthening human rights in Azerbaijan. Due to armed aggression in Armenia, there were numerous killings and extrajudicial executions of people in the country. He also noted that a million people became refugees and IDPs as a result of ethnic cleansings in Armenia.
In his final remarks, he stated that the Azerbaijani government does not allow Armenian minorities to raise an issue of self-determination because it is a pretext to cover up aggression against Azerbaijan. He then mentioned that self-determination of a national minority is not a pretext to create their own state. He stressed once again that Armenia’s aggression is one of the major obstacles hindering full enjoyment of HR in Azerbaijan.
The adoption of the draft report of Azerbaijan
The report was adopted under the document number a/hrc/wg6/l.11. The troikas were Libya, Maldives and Peru. Remarks were made by H.E. Ms. Iruthisham Adam, Permanent Representative of Maldives. According to H.E. Ms. Adam, 77 delegations participated in the Interactive Dialogue and 9 advance questions were raised. As a result, total 162 recommendations were made and 158 recommendations will be examined to come up with answers before September.
Final Remarks were made by H.E. Mr. Khalaf Khalafov, Deputy Minister of Foreign Affair. In the final remarks, he expressed his deep gratitude for the active interactive dialogue of the member states. The UPR session was very useful, open and constructive dialogue through which the government learned the observations of the HRC members. Government, therefore, will continue its dialogue and cooperation with the Human Rights Council. Every comment is accepted except some comments made by one country. He also expressed his appreciation for the role of the secretariat and interpreters. All the accepted recommendations will be a major contribution to develop and guarantee fundamental freedoms in Azerbaijan.