MINELREL-L Archive (08231999-09:20:41-384)

CERD on Azerbaijan


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Date: Mon, 23 Aug 1999 09:20:40 +0300 (EET DST)
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Subject: CERD on Azerbaijan


From: MINELRES moderator <[email protected]>

Original sender: Eldar Zeynalov <[email protected]>

CERD on Azerbaijan


COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION TAKES UP REPORT OF
AZERBAIJAN
xxxxxxxxxx

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.
----------------

>From the moderator: For those interested in more details: Second State
party report of Azerbaijan to CERD is available online at
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CERD.C.350.Add.1.En?Opendocument 
Boris

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