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Drafter: Lala Azimova
Date: June 7, 2010
Seminar: “Migration policy in Azerbaijan ”
Location: Academy of Justice of Azerbaijan
Length: 1,5 hour.
Number of speakers: 6
Mr. Ilham Abbasov, Rector Academy of Justice of Azerbaijan,
Mr. Rashad Madjidov, Director CABIR Alumni Council of Azerbaijan,
Ms. Saltanat Mammadova, Programme coordinator - International Organization for Migration (IOM)
Ms. Sariya Baqirova, Head of the Struggle against Illegal Migration division, Department of the Main Passport, Registration and Migration - Ministry of Internal Affairs of the Republic of Azerbaijan – The work of Ministry of Internal Affairs against illegal migration
Mr. Vahid Qahramanov, Head of Migration service department - State Migration Service of the Republic of Azerbaijan - Existing legislation in the field of migration
Mr. Fuad Jabbarov, Head of division of the Activities with migration - Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan - Labour migration policy in Azerbaijan
Topic - “Migration policy in Azerbaijan”
Topics elaborated:
Mr. I.Abbasov, opened the seminar. He thanked the participants and introduced the speakers. Mr. R.Madjidov informed the audience about CABIR project and the activities of the Alumni Council of Azerbaijan. He underlined that the event was organized by the AC and thanked Mr. Abbasov for the assistance in organization the event.
Mr. R.Madjidov gave the floor to Ms. S.Mammadova, who also thanked the AC-Azerbaijan for their initiative . She spoke about the activities of IOM in Azerbaijan, the cooperation with SDC office and other national and international organizations in the field of migration policy.
Ms. S.Baqirova introduced the activities of her Department which consists of registering people of Azeri origin , foreign citizens and persons without citizenship, issue identity registration documents including passports to Azeri citizens, grant citizenship, restore and cancel Azeri citizenship and manage all immigration issues within the competence of the Ministry.
Guided by the Regulations of the Division on the Struggle against Illegal Migration, noticeable work was carried out since 2005 till nowadays, such as: provide allowance for living to aliens, stateless persons, their registration, prolongation of their documents’ validity period, provision for ID cards and passports, as well as determination of places to lodge aliens and stateless persons who do not hold appropriate permit in the state or are not registered. At the same time, the department conducts investigations on the status and take legal administrative measures for the above mentioned categories. This Division applies prevention measures for migration, fulfill control functions over migration and internal movement of aliens and register aliens and stateless persons coming for the first time to Azerbaijan. Operative-investigation measures are also conducted by the Division in the field of detection of aliens who do not have a valid permit to stay in Azerbaijan, have invalid documents, do not follow the rules of movement, selection of accommodation and registration provided by the legislation.
Mr. V.Qahramanov, spoke in relation to the implementation of the state policy in the sphere of migration and the existing legislation in accordance with international norms and current requirements, saying that “the State Migration Program of the Republic of Azerbaijan” (2006-2008) was approved by the Order of the President of Azerbaijan on 25 July, 2006.
The main purpose of the State Program is to implement the State policy in the field of migration, to develop the migration management system, to regulate and forecast the migration processes, to improve the legislation in this field, to ensure the efficiency of law’s implementation, to create a unified database in the field of migration, the modern automated control system, to prevent illegal migration and to undertake measures related to the development of international cooperation. Migration priorities of state policy have also been reflected in this program. In order to implement the state policy in the migration sphere the State Migration Service was established and its Regulations approved by the Decree of the President Azerbaijan dated 19, March, 2007. It coordinates central, local executive and local self-governmental bodies, as well as international organizations and NGOs.. The State Migration Service is active in the fields of human, civil and freedom rights.
The State Migration Service is entrusted the following tasks:
• analyzes forecasts and monitors migration processes;
• creates a unified database system ;
• develops international cooperation;
• takes decisions on granting permissions on temporary and permanent residence for foreigners and stateless persons, grants immigrant status, extends temporary residence period to foreigners and stateless persons in Azerbaijan, as well as determines citizenship and refugee status:
At the same time, investigates, analyses and inspects illegal migrants. The State Migration Service strictly controls issues related to deportation. The above mentioned issues are dealt in cooperation with the Ministries of Internal Affairs, National Security, Labor and Social Protection of People and State Border Service.
Mr. F.Jabbarov gave information about the “Law on Labour Migration”. He spoke about Labour activities of migrants, individual working permissions, social protection to labour migrants, labour migration quota and etc.
Most relevant questions/answers and comments: _2010.jpg)
1. What is the main problem of illegal migration?
The main problem is to create favorable conditions for eliminating illegal traffic in narcotic drugs, firearms, human beings, smuggling , economic and tax-related crimes, as illegal migration is accompanied by egregious violations of human and civil rights.
2. How many migrants work in Azerbaijan today?
There are approximately 7.034 migrants from different countries working in Azerbaijan. Mainly they are from Pakistan, Afghanistan, Iran, Turkey and other countries.
3. How the labour migration quota is established?
For the purpose of regulating labour migration in Azerbaijan a labour migration quota for each year shall be established to limit illegal workers in Azerbaijan .
Labour migration quota is an integral part of the immigration law and its determination and application shall be carried out in conformity with the procedure applied to determine immigration quota.
Total number of participants: 20
Government Officials: 15 (alumni - 3)
NGO: 2
International Organization: 1
Academician: 2
Joint Human Rights 2/Municipal event
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Drafted by Lala Azimova / Rovshan Badalov
Date: September 27, 2010
Topic: “Status of Municipalities in Azerbaijan and their role in human rights protection”
Venue: The Academy of Justice, Baku
Publicized: AzerTac News Agency website
(http://azertag.com/jsp/shownews.jsp?id=17&cdate=2010-10-01&lang=az )
Number of speakers: 5
Mr. Ilham Abbasov, Academy of Justice of Azerbaijan, rector
Mr. Rovshan Badalov, CABIR Alumni Council of Azerbaijan, Municipal events manager
Mr. Ali Akberli, Yasamal district Municipality in Baku city, Deputy chair,
Presentation: “ Grievance procedures entitled to population in municipal areas”
Ms. Matanat Asgerova, Academy of Justice of Azerbaijan, Professor
Presentation: “The legal aspect of activities of municipalities in human rights fields”
Ms. Lyudmila Khalilova, Public Union of “Women in the name of development of municipalities”, chair of Union and Qarachukhur district Municipality in Baku city, member of municipality
Presentation: “The role of the municipalities in human rights protection”
Topics elaborated:
Mr. Ilham Abbasov welcomed the participants. He thanked the participants and introduced the speakers. Mr. Rovshan Badalov opened the event presenting the CABIR project, its objectives, scope, mission and role in increasing accountability and effective governance in the region. He highlighted that hitherto CABIR regional courses on international economics, human rights and humanitarian law brought together more than 300 civil servants from different governmental institutions including diplomatic missions and international organizations. Other opportunities of being a part of CABIR family such as TOT and the Swiss Leadership Award were also communicated.
In his speech, Mr. Ilham Abbasov briefed on the role of municipality institutions in the public governance system, the status of municipalities and their major fields of responsibilities in Azerbaijan as prescribed in national law. He evaluated the legal base regulating the status and activities of municipalities based on European standards. He presented some pending issues that need to be addressed in order to further develop and enhance municipalism. These include: consolidatation of measures to achieve resilient implementation of economic development programs, social welfare and social protection of the vulnerable strata living in municipal territories, and development and implementation of environmental safeguards.
Mr. Abbasov acknowledged the recent decrease in the number of municipalities in Azerbaijan, which was, as he said “unnecessarily more than as it should be. The constitution and laws provide for the extent to which the State may allow decentralization of governance in lieu of the State. In Bulgaria, where the number of population is more than of Azerbaijan, there are more or less 255 municipal authorities.”
In addition, Mr. Abbasov specified few examples indicating the gaps existing in the legislation of self-governance, such as a paucity of responsibility for non-execution of municipal decisions and dearth of grievance redress mechanisms for legal entities doing business in the area of a municipality.
Mr. Ali Akberli, Deputy Chair of Yasamal Municipality in Baku gave a presentation on “Grievance Procedures Entitled to Population in Municipal Areas”.
Mr. Akberli presented the problematic issue with the following words: “Since the law provides more degree of locality to municipalities, they must take both written and verbal complaints into investigation. People often address the complaints to Ministry of Justice, which is a central authority of the State, awaiting it to come back with solution, which, in turn, forwards the complaints to relevant municipalities where the problems “disappear”. The mechanism needs to be improved.”
Mr. Ali Akberli informed the panel of participants about the adoption by the Parliament of the Statute of Local Committees, which were initially founded in 20 municipalities of Baku in 2001, followed by the committees established in the cities of Sumgait, Shirvan and Sheki cities.
In the following, he portrayed the grievance procedures’ system of Yasamal municipalities and how the residents can file their complaint. The municipality has its own website through where it can receive appeals. Moreover, the municipality jointly with the local government organizes meetings with the population on a monthly basis, thus allowing the citizens to express their issues.
Mr. Akberli also underlined the importance of the public relations (PR) division in the municipalities. Today PR divisions are of utmost importance for every public entity, for municipalities in particular, in order to better disseminate information about their activities. Moreover, each member of every municipality must be a good PR manager not only for propagating his/her municipal actions, but also work hand-in-hand with the locals.
Mr. Akberli noted that some municipalities were reluctant to develop PR sections.
This phenomenon could be explained, most probably, with the lack of confidence between the municipalities and the local population. To build confidence, the municipalities are supposed to initiate the solution to the local problems and be backed by the local population at the same time. This is when PR has very important role to play.
The next speaker Ms. Matanat Asgerova began her speech with presenting the legal aspects around the work at the municipal level. She underlined that the Articles 55 and 56 of the Constitution of the Republic of Azerbaijan enshrine the right to everybody to participate in the state administration and elections, thus to elect and to be elected.
The first elections to the municipalities were held in 1999, thus contributing to building local democracy.
Through this development, the right to represent the people, which is reflected in Article 4 of the Constitution was ensured. Here, only competent representatives elected by the nation, this means the municipalities, has the right to represent the people, speak in the name of the people and to appeal on the behalf of the people.
According to the results of the Municipal elections held on 23 December 2009,among the elected people 5% of women and 20% of young people were represented at the Municipalities. These developments became possible only as a result of respect for human rights and freedoms, social and economic development, increased gender equality, increased welfare of the population, improvement of civil society and democratic reforms.
According to Article 3 of the Law of the Republic of Azerbaijan on “The Status of Municipalities” adopted on 2 July 1999, citizens have the right to realize their local governance. The right to municipal elections, to express directly his/her will, to express independently his/her opinions, the right to forward proposals, to apply, equally receive services, to receive information, to conduct surveys on public topics, and other important rights are reflected in this article.
Paragraph 6 of the Article 3 of this Law stipulates that the municipalities are obliged to introduce to the citizens and make available all the documents and materials directly related to rights and freedoms of human and citizens, thus giving clear information about the activities of the municipalities and be accountable to voters.
The last speaker Ms. Lyudmila Khalilova touched upon the main tasks of efficient administration that is based on the development principles. She addressed the issue of Municipality-Citizen Cooperation. The cooperation is established through Estate Committees. The Estate Committees are voluntary unions, acting in compliance with the Article 31 of the Law on the Status of Municipalities. Their mandate is to assist the municipalities in their governing tasks._2010.jpg)
The competences of the Estate Committees are very large. Some of the main competences of the Estate Committees are the following:
- to rise motions before the municipalities about locally important issues;
- to hold citizens meetings about locally important issues;
- to assist the education facilities in enrolling school-aged children to education;
- to initiate establishment of municipal acts about locally important issues and to discuss the drafts of those acts during the open meetings with the population;
- to submit proposals and references on usage of lands, organize participation of population in renovation work (e.g. children’s and sport play-grounds, traffic roads, streets, pavements), planting of greenery, development of sanitation facilities and living settlements;
- to assist in the development of legislation on protection of nature, historical and cultural monuments;
- to assist in creating an environment for leisure and sports of children and young people;
- to support poor, ill and aged persons;
- to assist in developing initiatives of citizens, which are important for the municipality and to realize other activities that are not in contradiction with the Statute of the Municipality.
The speaker also noted that after organization of municipalities for fulfilling the several duties that were set before them by the country legislation, they solve several issues following from the competences enshrined in the Article 144 of the Constitution of the Republic of Azerbaijan, including adoption and execution of:
- Local social protection and social development programs;
- Local economic development programs;
- Local ecological programs.
With regards to the local ecological programs, the municipalities respond at the same time to a human right. According to Article 6 of the Constitution of the Republic of Azerbaijan on the Status of Municipalities, the main purpose of the local ecological programs is to fully involve the population in addressing needs that are not reflected in ecological programs realized by the state. These include maintenance of existing ecological balance, gathering and treatment of housing wastes, protection of water, air and land from pollution, realization of joint ecologic measures and projects.
A further important pillar of municipality activity is the creation of employment opportunities for people. Nowadays, the municipalities are important actors required to create the framework conditions supporting local enterprises.
At the end of her presentation, Ms. Khalilova emphasized that the establishment of democratic local administration and strengthening of efforts in protecting human rights are decisive priorities for Azerbaijani municipalities.
Most relevant questions/answers and comments:
1. How and why the local surveys are organized?
The local surveys can be launched on important local issues that need to be addressed. The survey can either be launched by initiative of the municipality of following the demand of the population in compliance with the municipality statute. All citizens living in the territory of the municipality and having the right to vote can participate in the survey. Participation in the survey is voluntary. The inquiry is conducted anonymously and control over the expression of will of the citizens is prohibited.
2. What measures are important to improve the country’s municipality system to reduce poverty and create social development?
According to the State Program on Reduction of Poverty and Sustainable Development in the Republic of Azerbaijan for the period 2008-2015, affirmed be the Decree of the President of the Republic of Azerbaijan (dated December 15, 2008), several measures are to be implemented to improve the municipality system in the country in order to achieve sustainable development of municipalities and reduction of poverty. According to that program some of the measures are 1) developing municipality related legislation, 2) improving the normative basis regulating the competences and joint activities of the municipalities and the executive power bodies (as the gaps existing in the legislation result in procrastination cases faced by the citizens who applied to the municipalities for their provision with land areas), 3) strengthening of financial basis of the municipalities, 4) determination of municipal property (as up to today the land funds of some region, district municipalities are not determined), 5) improvement of control mechanisms over the municipalities, 6) strengthening of cooperation between the municipalities and the central executive power bodies in order to ensure that social aid and services to poor strata of the population are well targeted.
Total number of participants: 31
Government Officials: 16 (alumni - 2)
NGOs: 5
International NGOs: 5
Municipalities: 5
Budget: 128 AZN
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Drafter: Lala Azimova
Report on Seminar: “Protection of the freedom of religion belief”
Date: October 30, 2010
Topic - “Protection of the freedom of religion belief”
Venue: American Bar Association
Length: 1,5 hour.Number of speakers: 5
Mr. Rashad Madjidov, CABIR Alumni Council of Azerbaijan, director
Ms. Narmin Kerimbekova, ABA – CEEL, Woman Bar Association, programme coordinator
Mr. Nahid Mammadov, State Committee on work with Religious Organizations of the Republic of Azerbaijan, adviser of the Religion organizations division
Presentation : “Protection of the freedom of religion believe”
Ms. Ziba Mammadova, Commissioner for Human Rights of the Republic of Azerbaijan (Ombudsman), independent expert on religion issue
Presentation: “Protection of freedom of religious belief and human rights”
Mr. Elshan Mustafayev, Public Union of Invitation to the moral purity, head of the Union
Presentation: “Moral aspects of the freedom of religion believe”
Topics elaborated:
Mr. R. Madjidov opened the seminar. He thanked the participants and representative of American Bar Association for the organization of this event and introduced the speakers. He informed the audience about the CABIR project and the activities of the Alumni Council of Azerbaijan. Mr. R. Madjidov then gave the floor to Ms. N. Karimbekova, who also thanked AC-Azerbaijan for their activities and cooperation with ABA. She talked about the activities of WBA in Azerbaijan in the fields of human rights.
The first speaker, Mr. N. Mamamdov began his speech with highlighting the historical aspects. He underlined that the religious ideas and believes have been existing in the territory of Azerbaijan from ancient times and besides Muslim mosques, Christian churches, as well as Jewish synagogues were established for people to live their faith. Religious worship places, historical and religious monuments, religious objects and symbols are restored and guarded. The Government of Azerbaijan respects choice of religious belief of its people and creates free and equal conditions. A law “On Freedom of Religion Belief” was adopted on 20 August 1992. Freedom of conscience became a constitutional right in the Constitution of the Republic of Azerbaijan adopted on November 12, 1995. Article 48 of the Constitution empowered everybody with the right to independently determine his/her attitude to religion, to believe any religion alone or with other persons, or not to believe to any religion, to express freely and spread the belief in relation to health. The State Committee on the Issues of Religious Organizations dealing with provision of the freedom of conscience in the country and regulation of the state – religion relations was established in 2001. The Committee studies in-depth the religious situation in the country, existing problems in this sphere, propaganda of harmful sects, matters of concern of religious communities and creates legal-moral conditions for activities of religious organizations.
Mr. Mammadov emphasized that over other traditional religions besides Islam, Christianity and Judaism, fire-worship historically existed in Azerbaijan. This is a reason why nowadays the ethnic, religious and faith background of the population is so diverse. It is very positive that throughout the historical periods, firm and tolerant relations formed among ethnic and religious communities in Azerbaijan, whereby different religions and religious philosophies were coexisting and no facts of national, racial or religious discrimination were registered.
Mr. Mammadov also mentioned that today in Azerbaijan not only churches and synagogues, but also many Christian and Jewish educational facilities function freely, without any obstacles and they receive necessary support from the state within the legal frames. Moreover, nowadays measures are being implemented in the country to restore religious temples. Besides the restoration and rebuilding works provided in Bibiheybat, Tazapir, Ajdarbey, and other mosques and places of pilgrimage, appropriate repairing and restoration works are carried out in praying and education facilities belonging to Christian and Jewish confessions.
After this presentation, Mr R.Madjidov gave the floor to Ms. Z. Mammadova. The speaker touched upon the human rights aspect of religion. She underlined the activities of the Commissioner in the field of freedom of religion. Regular meetings are held with local communities as well as the representatives of religious communities and national minorities. The Commissioner meets with representatives of different religious communities in Azerbaijan. The speaker also mentioned that the Ombudsperson made proposals on particular nourishment of the detainees belonging to various religions, organization of regular meetings with representatives of relevant religious confessions and correction of sentenced persons by the mean of religion.
At the round table on November 26, 2003, entitled “Ensuring freedom of conscience in the country and the role of the Ombudsman” with participation of the Head of State Committee on work with Religious Organizations (SCWRO), representatives of other state bodies and NGOs, the Coordinator of Global Religious Network in the Caucasus and Central Asia, as well as at other events devoted to ensuring of freedom of conscience, the role of Ombudsman in this sphere was discussed and the corresponding proposals were put forward.
Generally speaking, in order to ensure freedom of conscience, improvement and monitoring of legislation on freedom of religion, promotion of religious enlightening work and education in the spirit of respect for freedom of conscience should be strengthened._2010.jpg)
The last speaker Mr. E. Mustafayev gave information about the moral aspect of freedom of religious belief. He divided the issue of freedom of conscience in legal and special aspects. Legal aspect consist of necessary legal acts, which regulate the circumstances. The special aspect goes much wider. It embraces the whole society. Moral aspects can emerge from public interest. He also stressed the necessity of religious education and establishment of special courses in educational institutions where every schoolchild or student can learn more about world religions. Including studies of religions can prevent tensions and reduce the creation of some sects or religious movements. At the end of his speech, he underlined that religion is a divine’s belief and the person should be able to live on the ground of this belief.
Most relevant questions/answers and comments:
1. How many religious communities exist in the territory of Republic of Azerbaijan?
According the statistical data for 2009, there were 534 religious communities registered, 32 of them were non-Islamic communities. But nowadays there are 900 religious communities that applied for registration and currently 550 communities have been recognized.
2. Moral aspects of some religious movements. For example, some movements don’t allow serving in the army or another problem is related to yashmak, which doesn’t allow making a picture with covered head. These cause the problems while registering and getting some documents issued.
The first issue can be regulated with the establishment of the alternative service. According to article 76 of Constitution of the Republic of Azerbaijan - if beliefs of citizens come into conflict with service in the army then in some cases alternative service instead of regular army service is permitted.
The second issue is a problem nowadays, because there is contradiction between the state interests and moral aspects. For resolving these problems it is necessary to establish special systems balancing both interests and providing suitable solutions.
Total number of participants: 21
Government Officials: 8 (alumni – 3)
NGOs: 4
INGOs: 4 (from ABA CEEL - WBA)
Academics: 5
Budget: = 146 AZN
