The Cemetery Crisis in Baku: A Silent Urban Planning Emergency

Baku, located on the Absheron Peninsula, is rapidly expanding into a sprawling metropolis. In the city center, high-rise buildings often violate construction regulations and density requirements, while on the outskirts, new single-story and multi-story neighborhoods are emerging. Amidst this 20-year construction boom, the creation of new cemeteries, a crucial component of urban planning, has been largely neglected. As a result, the cemeteries are overcrowded. A critical situation has developed in the city center and the Khazar, Sabunchi, and Surakhani districts, with suburban areas facing similar issues.

In Azerbaijan, cemetery policy is governed by the "Regulations for the Creation and Management of Cemeteries," approved by the Cabinet of Ministers on December 4, 2018, and by the Urban Planning and Construction Code of the Republic of Azerbaijan. Since then, the cemeteries in Baku have been transferred from the jurisdiction of the Baku Executive Power to local municipalities. There are 4,204 cemeteries in Azerbaijan (about forty in Baku), of which 3,268 have been transferred to municipalities, according to Deputy Minister of Justice Vilayat Zahirov. More than 900 cemeteries have not been transferred due to inaccuracies in land maps and the lack of ownership documents for some cemeteries, the deputy minister explained. Meanwhile, municipalities have been stripped of the right to manage land within their territories. According to the regulations, the expansion of cemetery territories or the creation of new cemeteries is carried out at the request of municipalities. However, the regulations do not specify where municipalities should direct these requests. It is noted that when such a request is received, a commission of eight government bodies is formed to make a decision.

So, when can such an application be submitted according to the rules?

5.2. In the cases specified in sections 5.3 and 5.4 of these Rules, the decision to establish a new cemetery is made by the municipality.

5.3. A decision to establish a new cemetery is made in the following cases:

5.3.1. When a cemetery is relocated;

5.3.2. When a cemetery is declared closed;

5.3.3. When a new settlement is created.

5.4. When 85 percent of burial spaces in a cemetery are filled, the municipality takes measures provided by these Rules to arrange a new cemetery.

However, the cemeteries are 100 percent full. Why are there no decisions regarding new cemeteries? Why aren't new cemeteries being created? We surveyed several municipalities, and they complain that government agencies reject their requests for various reasons. Their statements are credible, considering that burial spaces are unavailable, yet no new cemeteries are being established.

The problem lies in the fact that after the adoption of the regulations, the Unified Management Center in the form of the Baku Executive Power was abolished, and the regulations did not designate a specific body responsible for policy in this area. The commission created to review municipal applications only decides on land allocation, not on policy, management, or oversight.

This situation has led to chaos and increased corruption. Although the official fee for a burial plot is 67 manats, citizens have to pay between 500 to 7,000 manats unofficially to bury their loved ones. The land issue is critical. As mentioned, municipalities do not own the land. The land is controlled by the state, state-owned companies, private companies, and individuals. This complicates land allocation for cemeteries.

To resolve the cemetery crisis, I believe the following measures are necessary:

1. Establish a state body responsible for cemetery policy, which should develop a strategic plan for the development, management, and supervision of cemeteries.
2. Prioritize the development of private cemeteries. This is a delicate issue, unusual for Azerbaijani practice, but international experience can be utilized here. For example, in the United Kingdom, Parliament passed a law in 1832 encouraging the establishment of private cemeteries outside cities. Today, cemeteries in the UK are so beautiful, green, and well-maintained that visiting historical cemeteries, like city parks, incurs a fee. It is important to note that burial plots are not sold for the official 67 manats. Therefore, market prices should be legalized depending on the location of the cemetery. Secondly, grave owners in private cemeteries will pay minimal annual fees set by the cemetery policy authority or the Tariff Council. If grave maintenance fees are not paid for valid reasons (death of relatives, refusal, etc.), the state will cover the costs from the budget.
3. Considering the modern trend of "greening" finances, construction, transportation, and other spheres in light of COP29, it would be advisable to introduce environmental requirements for new cemeteries, including solar-powered lighting and expanding green zones, which currently make up 15% of the cemetery area.

The regulations state that the maintenance of cemeteries is funded by municipalities or through private donations. But what if municipalities do not have the funds or have them but do not allocate them? Looking at the condition of many cemeteries, it becomes clear that in many cases, they are either not managed or managed poorly. Is this the type of management we want?

How did the cemetery issue come up? I visit cemeteries, and everywhere I see the same picture—no space. Often, this is due to the construction of homes near cemeteries. According to the regulations, the distance between residential buildings and cemeteries should be at least 300 meters. But no one adheres to these rules. In such a case, what is the point of the regulations?

Let me give an example from Buzovna, where I live. There are three village cemeteries and one town cemetery here. The village cemeteries are located in the village of Buzovna. One of them is more than 600 years old. This unique cemetery with sarcophagi and a mausoleum is supposedly state-protected but is in a neglected state and is systematically deteriorating due to environmental factors. The other two are overcrowded. The town cemetery was established in the early 1970s and is popularly known as "Crystal," after the former Crystal Factory located a kilometer away. Over the past 25 years, Buzovna has grown several times over. It has effectively merged with the settlements of Shagan, Mashtaga, Bina, and Baglar. But no new cemeteries have appeared during this time. The Crystal Cemetery is overcrowded, and graves are now appearing on the roads inside the cemetery. This is because the Cemetery Construction Regulations are not being followed. According to clause 8.1 of the Rules, the size of land plots allocated for cemeteries is determined based on 0.24 hectares per 1,000 residents. Here, and in other areas, the population density is much higher, and the norms are not being met.

Next to the cemetery is the BuzovnaOil area, where oil wells are rapidly closing due to depletion. For various reasons, no land is being allocated for cemeteries here. However, in violation of the Cabinet of Ministers' rules, SOCAR allocated land for private housing for its employees just 20 meters from the cemetery, despite the norm being no closer than 300 meters. This illegality is being legalized by the Real Estate Registry. But oil company employees are reselling these plots. Not everyone wants to live next to a cemetery. Many plots have "For Sale" signs. The municipality can do nothing, the executive power is indifferent, and there is no body responsible for cemetery policy. This is a typical example for the whole country.

Thus, the current situation with Baku’s cemeteries is unsustainable. As the city’s population continues to grow, it is crucial that urban planning includes cemetery development as a core component. By establishing a national cemetery management body, prioritizing the development of private cemeteries, and adopting sustainable practices, Azerbaijan can begin to address its cemetery crisis while ensuring respect for the deceased and meeting the practical needs of its growing urban population.

I hope the government will address the cemetery situation and take urgent action to develop an effective strategy and policy in this area. Around 15,000 people die annually in Baku.