Council of Europe Recommends Azerbaijan Improve Implementation of Minority Rights

The Advisory Committee of the Council of Europe's Framework Convention for the Protection of National Minorities has published its fifth periodic report on Azerbaijan.

The report notes that Azerbaijan, as a multi-ethnic country, is committed to promoting ethnic, cultural, linguistic, and religious tolerance and respect. It emphasizes that the majority of national minorities' cultures are respected and that religious tolerance and interfaith dialogue are central to the government's agenda.

The rights of national minorities are protected by the Constitution and the country's policy of multiculturalism. However, the committee states that this alone is insufficient to guarantee full and effective equality of rights. It highlights that restrictions on freedom of expression, assembly, and association limit the ability of national minorities to fully exercise their rights.

The 2021 Media Law has been criticized for increasing restrictions on media freedom, while the 2014 NGO Law and the 2022 Political Parties Law have been cited as undermining freedom of expression and the right of association for members of national minorities, according to the Advisory Committee.

Furthermore, the report points out that civil society activists, human rights defenders, political activists, journalists, and lawyers - many of whom are from national minorities - are subject to harassment and prosecution. Several provisions of the 2022 Law on Political Parties could hinder the establishment of political parties advocating for the rights and participation of national minorities.

As a recommendation for immediate action, the Advisory Committee once again urges Azerbaijani authorities to align the legislation and practices governing the registration and activities of NGOs with European human rights standards. This would ensure that all individuals belonging to national minorities can effectively enjoy the freedom of association.

There are some media outlets in minority languages, but they are insufficient in number, and there is a lack of funding for media projects carried out by the minorities themselves. The use of minority languages in communications with government authorities is not enshrined in law and is limited to specific and informal oral communication.

There is an officially established list of names that should be prohibited for newborns to protect them from "mockery, disgust, and humiliation." In the field of education, many minority languages, including those of smaller groups, are taught at the primary education level.

The Advisory Committee strongly urges the authorities to increase the teaching of minority languages in the general curriculum at the primary and secondary education levels. This should not be limited to areas where these minority languages are traditionally spoken, but also extended to regions where minority groups live in significant numbers. Additionally, efforts are needed to review educational materials to eliminate stereotypical and negative depictions of minorities, and attention should be given to reflecting the historical presence of Armenians in Azerbaijan.

The Advisory Committee also assesses the situation in "Karabakh," from where 100,000 Armenians have fled. It strongly urges the authorities to create the political, legal, and practical conditions necessary for the safe, unhindered, and sustainable return of displaced Armenians from Karabakh, and to establish a special mechanism for addressing property-related issues.

The authorities are also urged to conduct an inventory, protect, and preserve all Armenian religious and cultural sites and artifacts.

The Advisory Committee strongly calls on the authorities to refrain from any manifestations of intolerance or the spread of ethnic hatred towards members of the Armenian community, and to unequivocally condemn such actions in order to foster the reconciliation process.

The Council of Europe also publishes the Azerbaijani government's response to the Advisory Committee's findings. In the government's comments, it notes that some statements and conclusions in the fifth report are "subjective in nature and do not accurately reflect the current realities in the country."

The government argues that the Advisory Committee adopts a selective approach, focusing more on one particular ethnic group while ignoring others. Issues raised mainly by external parties representing the interests of this group are given disproportionate attention. The Azerbaijani government also points out that the Advisory Committee largely relies on information/reports from unidentified sources, without providing specific examples, which complicates the process of addressing any potential shortcomings.

Another issue of great concern is the inconsistent application of standards to member states. Some countries are treated differently, despite similar situations regarding minority rights. The rights of Azerbaijanis who were forcibly displaced from their native lands in Armenia as a result of ethnic cleansing policies should also be addressed under the Framework Convention.