Azerbaijan Is Multicultural, but Restrictions of Democracy Prevent National Minorities from Fully Exercising Their Rights - CoE

Baku / 04.02.19 / Turan: The society in Azerbaijan is characterized by a climate of intercultural and interreligious tolerance. The authorities support national minorities in expressing their cultural identity. However, the lack of comprehensive legislation and consultative mechanisms for national minorities, as well as restrictions on freedom of expression and freedom of assembly, create an environment in which minorities cannot fully exercise their rights. These are the main conclusions of the new opinion on Azerbaijan of the Advisory Committee of the Council of Europe on the Framework Convention for the Protection of National Minorities (FCNM), published with the comments of the Government of Azerbaijan today.

The Committee acknowledged that a wide range of activities to support the culture of minorities was carried out by the authorities in multinational Azerbaijan. The Committee welcomes efforts to educate young people in the field of multiculturalism and tolerance. The teaching of Russian and Georgian languages ​​is relatively well developed, and there are improvements in the publication of educational materials for minority languages. The Committee appreciates the significant progress in improving the living conditions of internally displaced persons.

However, the Advisory Committee notes with regret that Azerbaijan has only made limited progress in implementing the Committee"s previous recommendations. "It seems that there is little room for the expression of the identity of a national minority in communication with others, especially if it goes beyond a narrow cultural, often folklore, meaning. Unfortunately, there is still no comprehensive legislation or advisory mechanism to protect the rights of national minorities. Representatives of national minorities do not know their rights and experience difficulties in accessing them," the message reads later in connection with the publication of the Committee"s opinion.

No steps have been taken to remove existing obstacles to radio and television broadcasting in minority languages, and there is still no support for print media. At the level of the university appeal there is no possibility to study minority languages ​​other than Russian and Georgian.

"In general, a positive attitude towards diversity in Azerbaijan contrasts sharply with the constant hostile narrative against neighboring Armenia as a result of the ongoing Nagorno-Karabakh conflict, which can hardly be distinguished from hate speech against Armenians as an ethnic group," the report says.

The Committee is deeply concerned about the continuing restrictions and problematic legal and political conditions for non-governmental organizations and individuals involved in the promotion of human rights in Azerbaijan, including those belonging to national minorities. The report notes that, in particular, "persons belonging to the Talysh and Lezgin minorities, in the exercise of the rights of minorities, are at risk of being perceived as doubting the territorial integrity of Azerbaijan."

The Advisory Committee recommends the following measures for immediate action:

- Ensuring that the 2019 census provides for free and voluntary self-identification and the ability to indicate more than one language;

- Adoption of an adequate legal framework for the protection of national minorities and comprehensive anti-discrimination legislation, as well as the creation of a specialized body to coordinate these issues;

- Elimination of barriers to freedom of expression and freedom of association;

- Expanding the scope of teaching minority languages ​​and raising awareness of the right to learn minority languages.

Additional recommendations include bringing legislation and practice regarding NGOs in line with international recommendations, expanding broadcasting in minority languages, ensuring the right to use minority languages ​​in contacts with government bodies and allowing the display of topographic names in minority languages ​​in regions populated primarily or significantly by national minorities.

In turn, the Comments of the Government of the Republic of Azerbaijan on this conclusion noted that the rights of minorities in Azerbaijan are based on solid legal foundations, reflected in the Constitution of Azerbaijan and other legal acts. The Constitution ensures equality in the rights of all, including members of national minorities.

By joining the Framework Convention for the Protection of National Minorities, even before its membership in the Council of Europe, Azerbaijan attaches great importance to its implementation. Azerbaijan has always been ready to cooperate within the framework of monitoring.

"Against this background, it is very regrettable that in its fourth conclusion, the Advisory Committee could not accurately reflect the obligations and consistent efforts of Azerbaijan to respect, protect and promote the rights of national minorities living in Azerbaijan," the comments of the Azerbaijani government further state.

In the document, "it is disappointing that in several cases the Advisory Committee filed unfounded accusations without indicating their sources."

"It is extremely important to recognize that the implementation of rights and freedoms in accordance with the Framework Convention in no way implies participation in any activity against the sovereignty and territorial integrity of states," the commentary of the Government of Azerbaijan reads further.

The comments also expressed disagreement with the provisions of the Conclusion regarding the conflict with Armenia.

"It is hardly possible to imagine that the Advisory Committee did not know about the situation of hundreds of thousands of IDPs, who were deprived of their fundamental rights and freedoms as a result of the occupation of Azerbaijani territories by neighboring Armenia. It is therefore difficult to understand why the Committee decided to portray public statements of frustration and irritation caused by protracted military occupation, prolonging the difficulties and suffering of IDPs as a manifestation of "hate speech". This unreasonable demand cannot serve the purpose of protecting the rights of minorities in Azerbaijan," the government of Azerbaijan comments. -0-