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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION TAKES UP REPORT OF AZERBAIJAN
18 August 1999
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AFTERNOON
HR/CERD/99/56
18 August 1999
Azerbaijan this afternoon presented a report to the Committee on the Elimination of Racial Discrimination, with a Government delegation saying the country was still in a transitional process and was coping with tensions and other phenomena related to the process.
Khalaf Khalafov, Deputy Minister of Foreign Affairs of Azerbaijan, told the Committee that in no stage of Azerbaijan's history had a conflict arisen relating to ethnicity and that the country's various ethnic groups lived in harmony. He added that representatives of many Azerbaijani minorities were represented in the country's Parliament.
Michael P. Banton, speaking on behalf of another Committee Expert, Rudiger Wolfrum, who served as country rapporteur for the report of Azerbaijan but was unable to be at the meeting, said that in assessing the report, account had to be taken of the fact that Azerbaijan was still to be considered a “country in transition” whose development had been negatively affected by continuing conflict with neighbouring Armenia.
Azerbaijan's delegation was also made up of Zahid Dunyamaliyev, Deputy Minister of Internal Affairs; Fikret Mammedov, Deputy Prosecutor-General; Ilgar Ragimov, Deputy Minister of Labour and Social Protection of Population; Isfandiyar Wahabzade, Ambassador and Designated Permanent Representative of Azerbaijan to the United Nations Office and other international organizations at Geneva; and Tofik Moussaev, Second Secretary of the Permanent Mission of Azerbaijan at Geneva.
The following Committee Experts also participated in the discussion: Luis Valencia Rodriguez, Ivan Garvalov, Ion Diaconu, Regis de Gouttes, Theodoor van Boven and Agha Shahi.
As one of 155 States parties to the Convention on the Elimination of All Forms of Racial Discrimination, Azerbaijan must submit periodic reports to the Committee on efforts to implement the treaty.
At the beginning of the meeting, Committee Chairperson Mahmoud Aboul-Nasr said that he had received complaints from Australia that the press release issued on the situation in Australia did not reflect the real situation. He said press releases were not official documents of the Committee -- only decisions, statements and formal concluding observations adopted by the Committee reflected the Committee's opinions.
When the Committee reconvenes at 10 a.m. Thursday, 19 August, it will continue its consideration of the report of Azerbaijan.
Report of Azerbaijan
The second periodic report of Azerbaijan (document CERD/C/350/Add.1) says that after the re-establishment of independence in Azerbaijan, a whole series of legislative instruments was adopted concerning human rights. At present, work is under way with the participation of experts from the United Nations and the Organization for Security and Cooperation in Europe on new drafts of the Criminal Code, the Code on Criminal Procedure and the Civil Code, among other legal instruments.
The report says that under the Constitution and legislation of the Republic of Azerbaijan, racial discrimination is prohibited and is being eradicated in the country. The recognition and implementation of human rights based on equality and basic freedoms in political, economic, social, cultural and all other areas of social life is encouraged and protected.
Introduction of Report
KHALAF KHALAFOV, Deputy Minister of Foreign Affairs of Azerbaijan and Head of the Government delegation appearing before the Committee, said that since the re-establishment of the country's independence, the Government had been endeavouring to create a democratic society by abiding by international human-rights values.
Mr. Khalafov said the Azerbaijani Constitution provided for equality before the law of all persons inhabiting under its jurisdiction. In addition, a State programme had been set up on the implementation of human-rights instruments and monitoring mechanisms.
In February last year, the country's President had abolished the death penalty, Mr. Khalafov went on to state. Besides guaranteeing the equality of citizens before the law, the Constitution provided provisions prohibiting any form of racial discrimination. In addition, a series of measures had been taken by the Government to combat racial discrimination, he said.
At no stage of Azerbaijan's history had a conflict arisen relating to ethnicity, Mr. Khalafov said. The country's various ethnic groups had been living in harmony and many minorities were represented in the country's Parliament. They also held important posts in Government. Minority languages had been recognized by the State and several publications appeared representing minorities’ opinions.
He said Azerbaijan was a multi-ethnic country and the Government had taken the necessary measures to establish conditions for the full implementation of the rights and freedoms of all individuals and for equality of rights of all citizens, irrespective of race, skin colour, tribal, national or ethnic origin or any other distinction.
Mr. Khalafov said his country was in a transitional process and as such there had been tensions and other phenomena related to the process. However, favourable situations were arising in many State institutions that were fully engaged in the promotion and protection of human rights.
Turning to the conflict between Armenia and his country, Mr. Khalafov said that despite the cease-fire signed by the two countries, tension had been mounting in the region. Part of Azerbaijan's territory was not yet integrated because of the conflict and the number of refugees in Azerbaijan had increased to 1 million, he said.
Discussion
MICHAEL P. BANTON, speaking on behalf of another Committee expert, Rudiger Wolfrum, who served as country rapporteur for the report of Azerbaijan but was unable to be at the meeting, said Azerbaijan was an independent, secular, democratic and unitary State whose power was based on the separation the legislative, judicial and executive powers. However, the executive, or the President, exercised "supreme power". He asked the delegation for further a explanation of what "supreme power" meant.
Mr. Banton said several laws on human-rights issues or relevant for the implementation of human rights had been adopted; others were still under consideration. The delegation was requested to explain if there had been any development pertaining to actions against racial discrimination. According to the Constitution, international agreements to which Azerbaijan had acceded were part of the law of the land. They were superior to Parliamentary laws and statutes but ranked under the Constitution.
Referring to the report, Mr. Banton said that under the Constitution and legislation of the country, racial discrimination was prohibited and being eradicated. He wanted to hear from the delegation on the exact wording of the provisions in the Constitution or other acts relating to the issue.
Mr. Banton, referring to the statement in the report that minority groups were represented in Parliament, asked to receive a breakdown of the major minority groups as to their representation in Parliament, the armed forces and the police. More details were also sought concerning the establishment of cultural centres and charities relating to all minorities.
With regard to the country’s relationship with Armenia, Mr. Banton suggested that Azerbaijan present a case under article 11 of the Convention, which provided a procedure for dealing with complaints against another State party. He said the Committee was restricted to dealing with information on the reporting State only.
In conclusion, Mr. Banton said that in assessing the report, account had to be taken of the fact that Azerbaijan was still to be considered a “country in transition” whose development had been negatively affected by the continuing conflict with Armenia.
Other Committee Experts also commented on the report and raised questions. Several said that the hostility between Azerbaijan and Armenia had affected the human-rights situation in the region by producing a number of refugees from both sides. Several Experts also said that the territorial conflict between the two countries, particularly with respect to Nagorno-Karabakh, had posed a grave challenge to peace and security in the region.
Quoting an Amnesty International report of 1998, an Expert said Azerbaijan allegedly had committed acts of persecution against ethnic Armenians. Many Armenians were accused of being terrorists and detained, and 16 had received death sentences, according to the report, the Expert said.
HR/CERD/99/56
18 August 1999
Azerbaijan this afternoon presented a report to the Committee on the Elimination of Racial Discrimination, with a Government delegation saying the country was still in a transitional process and was coping with tensions and other phenomena related to the process.
Khalaf Khalafov, Deputy Minister of Foreign Affairs of Azerbaijan, told the Committee that in no stage of Azerbaijan's history had a conflict arisen relating to ethnicity and that the country's various ethnic groups lived in harmony. He added that representatives of many Azerbaijani minorities were represented in the country's Parliament.
Michael P. Banton, speaking on behalf of another Committee Expert, Rudiger Wolfrum, who served as country rapporteur for the report of Azerbaijan but was unable to be at the meeting, said that in assessing the report, account had to be taken of the fact that Azerbaijan was still to be considered a “country in transition” whose development had been negatively affected by continuing conflict with neighbouring Armenia.
Azerbaijan's delegation was also made up of Zahid Dunyamaliyev, Deputy Minister of Internal Affairs; Fikret Mammedov, Deputy Prosecutor-General; Ilgar Ragimov, Deputy Minister of Labour and Social Protection of Population; Isfandiyar Wahabzade, Ambassador and Designated Permanent Representative of Azerbaijan to the United Nations Office and other international organizations at Geneva; and Tofik Moussaev, Second Secretary of the Permanent Mission of Azerbaijan at Geneva.
The following Committee Experts also participated in the discussion: Luis Valencia Rodriguez, Ivan Garvalov, Ion Diaconu, Regis de Gouttes, Theodoor van Boven and Agha Shahi.
As one of 155 States parties to the Convention on the Elimination of All Forms of Racial Discrimination, Azerbaijan must submit periodic reports to the Committee on efforts to implement the treaty.
At the beginning of the meeting, Committee Chairperson Mahmoud Aboul-Nasr said that he had received complaints from Australia that the press release issued on the situation in Australia did not reflect the real situation. He said press releases were not official documents of the Committee -- only decisions, statements and formal concluding observations adopted by the Committee reflected the Committee's opinions.
When the Committee reconvenes at 10 a.m. Thursday, 19 August, it will continue its consideration of the report of Azerbaijan.
Report of Azerbaijan
The second periodic report of Azerbaijan (document CERD/C/350/Add.1) says that after the re-establishment of independence in Azerbaijan, a whole series of legislative instruments was adopted concerning human rights. At present, work is under way with the participation of experts from the United Nations and the Organization for Security and Cooperation in Europe on new drafts of the Criminal Code, the Code on Criminal Procedure and the Civil Code, among other legal instruments.
The report says that under the Constitution and legislation of the Republic of Azerbaijan, racial discrimination is prohibited and is being eradicated in the country. The recognition and implementation of human rights based on equality and basic freedoms in political, economic, social, cultural and all other areas of social life is encouraged and protected.
Introduction of Report
KHALAF KHALAFOV, Deputy Minister of Foreign Affairs of Azerbaijan and Head of the Government delegation appearing before the Committee, said that since the re-establishment of the country's independence, the Government had been endeavouring to create a democratic society by abiding by international human-rights values.
Mr. Khalafov said the Azerbaijani Constitution provided for equality before the law of all persons inhabiting under its jurisdiction. In addition, a State programme had been set up on the implementation of human-rights instruments and monitoring mechanisms.
In February last year, the country's President had abolished the death penalty, Mr. Khalafov went on to state. Besides guaranteeing the equality of citizens before the law, the Constitution provided provisions prohibiting any form of racial discrimination. In addition, a series of measures had been taken by the Government to combat racial discrimination, he said.
At no stage of Azerbaijan's history had a conflict arisen relating to ethnicity, Mr. Khalafov said. The country's various ethnic groups had been living in harmony and many minorities were represented in the country's Parliament. They also held important posts in Government. Minority languages had been recognized by the State and several publications appeared representing minorities’ opinions.
He said Azerbaijan was a multi-ethnic country and the Government had taken the necessary measures to establish conditions for the full implementation of the rights and freedoms of all individuals and for equality of rights of all citizens, irrespective of race, skin colour, tribal, national or ethnic origin or any other distinction.
Mr. Khalafov said his country was in a transitional process and as such there had been tensions and other phenomena related to the process. However, favourable situations were arising in many State institutions that were fully engaged in the promotion and protection of human rights.
Turning to the conflict between Armenia and his country, Mr. Khalafov said that despite the cease-fire signed by the two countries, tension had been mounting in the region. Part of Azerbaijan's territory was not yet integrated because of the conflict and the number of refugees in Azerbaijan had increased to 1 million, he said.
Discussion
MICHAEL P. BANTON, speaking on behalf of another Committee expert, Rudiger Wolfrum, who served as country rapporteur for the report of Azerbaijan but was unable to be at the meeting, said Azerbaijan was an independent, secular, democratic and unitary State whose power was based on the separation the legislative, judicial and executive powers. However, the executive, or the President, exercised "supreme power". He asked the delegation for further a explanation of what "supreme power" meant.
Mr. Banton said several laws on human-rights issues or relevant for the implementation of human rights had been adopted; others were still under consideration. The delegation was requested to explain if there had been any development pertaining to actions against racial discrimination. According to the Constitution, international agreements to which Azerbaijan had acceded were part of the law of the land. They were superior to Parliamentary laws and statutes but ranked under the Constitution.
Referring to the report, Mr. Banton said that under the Constitution and legislation of the country, racial discrimination was prohibited and being eradicated. He wanted to hear from the delegation on the exact wording of the provisions in the Constitution or other acts relating to the issue.
Mr. Banton, referring to the statement in the report that minority groups were represented in Parliament, asked to receive a breakdown of the major minority groups as to their representation in Parliament, the armed forces and the police. More details were also sought concerning the establishment of cultural centres and charities relating to all minorities.
With regard to the country’s relationship with Armenia, Mr. Banton suggested that Azerbaijan present a case under article 11 of the Convention, which provided a procedure for dealing with complaints against another State party. He said the Committee was restricted to dealing with information on the reporting State only.
In conclusion, Mr. Banton said that in assessing the report, account had to be taken of the fact that Azerbaijan was still to be considered a “country in transition” whose development had been negatively affected by the continuing conflict with Armenia.
Other Committee Experts also commented on the report and raised questions. Several said that the hostility between Azerbaijan and Armenia had affected the human-rights situation in the region by producing a number of refugees from both sides. Several Experts also said that the territorial conflict between the two countries, particularly with respect to Nagorno-Karabakh, had posed a grave challenge to peace and security in the region.
Quoting an Amnesty International report of 1998, an Expert said Azerbaijan allegedly had committed acts of persecution against ethnic Armenians. Many Armenians were accused of being terrorists and detained, and 16 had received death sentences, according to the report, the Expert said.
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