Azerbaijan

The Republic of Azerbaijan is a contiguous transcontinental presidential republic in the Caucasus region, situated at the crossroads of Eastern Europe and Western Asia. Azerbaijan is a member state of the Organization of Islamic Cooperation (OIC). The vast majority (around 96%) of the population of Azerbaijan identifies as Muslim.  Although Azerbaijan is secular according to its constitution, Islam is an integral part of its cultural and social identity.

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Expression of core humanist principles on democracy, freedom or human rights is severely restricted
Concerns that secular or religious authorities interfere in specifically religious freedoms
No condition holds in this strand
Insufficient information or detail not included in this report
Constitution and government
No condition holds in this strand
Education and children’s rights
Insufficient information or detail not included in this report
Family, community, society, religious courts and tribunals
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Freedom of expression advocacy of humanist values
Expression of core humanist principles on democracy, freedom or human rights is severely restricted
Concerns that secular or religious authorities interfere in specifically religious freedoms
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report
The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report
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Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand
No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand
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Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious
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This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination
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Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief
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Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment
The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence
‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state
Preferential treatment is given to a religion or religion in general
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This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety
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This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom
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This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Severe Discrimination
Systemic Discrimination
Mostly Satisfactory
No Rating
More information about rating table

Constitution and government

Azerbaijan’s Constitution[ref]https://www.wipo.int/edocs/lexdocs/laws/en/az/az057en.pdf[/ref] establishes the separation of state and religion, guarantees the equality of all religions, and recognises the right of individuals to freedom of religious beliefs. Azerbaijan prides itself on its cultural tolerance and its active role in promoting the importance of interfaith cooperation and dialogue. It is constitutionally secular and in fact calls itself a “humanist” state, but this is a self-assigned and misleading label. Azerbaijan in fact contravenes core humanist values; it restricts democracy, infringes on freedoms and violates human rights. In practice the authoritarian regime of Heydar Aliyev restricts freedom of religion or belief, and severely violates freedom of expression, and restricts the advocacy and promotion of any conception of humanist values, however broadly construed.

Under the constitution, persons do have the right to choose and change religious affiliation and beliefs, including atheism, to join or establish the religious group of their choice, and to engage in religious practice. The law on religious freedom expressly prohibits the government from interfering in the religious activities of any individual or group; however, there are significant exceptions. In practice, only a few religions are allowed to operate, and they are subject to significant government oversight and control.

The Azerbaijani regime favours authoritarianism and considers democracy a threat to its hold on power. Secularist critics of the government not only face the threat of government repression, but also the threat of Islamist violence. The years 2013-2014 in particular were marked by a brutal crackdown on secular groups, such as NGOs and human rights defenders (see “Highlighted cases” below.)

Religious organizations are required to register with the state in order to legally exist and exercise their freedom of religion or belief. There are reports of the government denying or delaying registration to minority religious groups it considers “nontraditional,” and conducting raids on communities ‘illegally’ practising their religion without permission of the state.

Education and children’s rights

While there is currently no religious curriculum at elementary and high schools, a government minister recently announced that from September 2020 a class dedicated to teaching Islam and other religions would be introduced in school and university curricula. The new course is framed at teaching “multiculturalism” an apparent attempt to fight radicalism in the country.[ref]https://eurasianet.org/azerbaijan-to-add-mandatory-religious-education-for-university-students[/ref]

 

Freedom of expression, advocacy of humanist values

While the constitution guarantees freedom of the press, the authorities severely restrict the media in practice. There are few media outlets not controlled by the government. The few independent media outlets are subject to government harassment or are sent to prison on fabricated charges. In June 2020, Azerbaijani authorities imprisoned a reporter from the only remaining opposition paper (Azadlig) Tezehan Miralamli on charges of “hooliganism”.[ref]https://rsf.org/en/news/opposition-reporter-convicted-trumped-hooliganism-charge[/ref]

The government has repeatedly blocked some websites that feature opposition views. Authorities monitor internet use and punish critical bloggers.

The government has reportedly used the COVID-19 pandemic as a pretext to impose further restrictions on freedom of expression. During this time, it accelerated arrests and imprisonments and sent dozens of activists and critics to prison on spurious charges, including for breaking lockdown rules or disobeying police orders.[ref]https://www.hrw.org/news/2020/04/16/azerbaijan-crackdown-critics-amid-pandemic[/ref]

Freedom of Assembly

The government restricts freedom of assembly, especially for opposition parties. The authorities routinely deny permission for public protests, and violently disperse those protests that do take place.

In October 2019, an opposition rally in Baku was violently dispersed by police, with hundreds of peaceful protesters suffering from beatings and arrests. The head of the Popular Front Party, Ali Karimli, was violently detained by police, and Tofiq Yaqublu, a member of the Musavat party, was allegedly tortured in custody after he was detained at the protest.

Highlighted cases

In August 2015, prominent secular human rights activist Leyla Yunus was sentenced to eight and half years in prison, and her husband Arif Yunus was sentenced to seven years in prison, on charges of fraud and tax evasion in a politically-motivated show trial. Both were active in the movement advocating for a peaceful solution to the conflict between Azerbaijan and Armenia, amongst other issues. An international campaign eventually resulted in them being released on health grounds and receiving a suspended sentence in December 2016.[ref]https://www.frontlinedefenders.org/en/case/case-history-leyla-yunus[/ref]

A likely opposition candidate of the 2013 Presidential elections, Ilgar Mammadov, was sentenced to 7 years in jail in March 2014 on trumped up charges of ‘inciting violent protest’. As leader of the opposition Republican Alternative (REAL) movement, Mammadov campaigned for ideals such as rule of law, anti-corruption, a free-market economy and secularism. In May 2014, the European Court of Human Rights found that the Azerbaijani authorities had violated a number of basic human rights provisions in arresting and sentencing Mammadov. However, Mammadov had to wait until April 2020 for the Azerbaijani Supreme Court to comply with the ECHR judgment and acquit him of all charges.[ref]http://www.einnetwork.org/blog-general/2019/12/6/banning-political-opposition-in-azerbaijan-the-case-of-ilgar-mammadov[/ref]