Political dismissals, judicial corruption and discrimination in the Azerbaijan Republic: an alternative report on the Implementation of the United Nations International Covenant on Economic, Social and Cultural Rights
Paris, 30 november 2004-FIDH and Human Rights Center of Azerbaijan (HRCA) welcome the concluding observations released on 26 November 2004 by the UN Committee on Economic, Social and Cultural Rights (CESCR) following the examination of the Republic of Azerbaijan’s second periodic report on the implementation of the UN International Covenant on economic, social and cultural rights.
At this occasion, FIDH jointly with HRCA presented an alternative report to the CESCR. Both non-governmental organisations attended the session of the UN Committee (CESCR).
Our organisations wish to express their profound disagreement with the presentation made by the government of Azerbaijan of the situation in the country and to associate with CESCR’s concerns.
If a number of positive changes took place in Azerbaijan in recent years - in particular several progressive laws were enacted -, in practice, numerous violations of human rights are still being observed and reported.
Thus, during the reported period, no significant improvement in the fight against corruption was observed and a number of important recommendations made by the Committee in the conclusions following the review of the first periodic report have not be fulfilled.
The Alternative report of FIDH and HRCA, contains article-by-article information on the fulfilment of the obligations of Azerbaijan Republic within the framework of the International Covenant on Economic, Social and Cultural Rights for the period of November 1997 up to October 2004. It covers both positive and negative aspects of the social-economic situation in the Azerbaijan Republic.
Dismissals based on political affiliation are widespread in Azerbaijan, particularly at the time of pre-election campaigns. During and after the presidential elections on 15 October 2003, 114 members from the opposition party Musavat were dismissed in 30 towns and regions of Azerbaijan. Only a few decrees of dismissals contained open reference to political motives, that were often curtained behind alleged work inconsistency.
De facto discrimination in the field of economic, social and cultural rights is widespread in Azerbaijan. In particular, religious Structures face difficulties in the re-registration process which was initiated in 2001. By early October 2004 only 290 religious communities completed State registration and 120 previously registered religious communities lost the official status. The communities that were in re-registration process faced problems while conducting religious ceremonies, because police forces dispersed assemblies, considering them as illegal. The reason why many Muslim communities avoid registration is their obedience to the Administration of Caucasian Muslims, as the preliminary condition for registration by the Ministry of Justice.
A high level of corruption still prevails in Azerbaijan thus impeding the proper administration of justice and favouring the inefficiency of measures against poverty. In 2004, on the index of corruption perception, the organisation "Transparency International" stated that Azerbaijan took the 140th place in the list of 146 researched countries. Besides, it was reported that property redistribution actions take places in Azerbaijan. These actions are accompanied with property crimes by officials and common people particularly against minorities.
In addition, FIDH and HRCA are deeply concerned by the deterioration of the condition of women and the situation of refugees, who are the two main categories most affected by extreme poverty.
To conclude, FIDH and HRCA take note that the Azerbaijan Republic announced that the working Group established to prepare the second periodic report to the CESCR, consisting of representatives of various ministries and state bodies, as well as experts from non-governmental organisations, would monitor the follow-up on the recommendations made within the CESCR concluding observations.
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Gaël Grilhot, Daniel Bekoutou