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Azerbaijan: International Religious Freedom Report 2006

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  • Azerbaijan: International Religious Freedom Report 2006

    All American Patriots (press release), Sweden

    World : Azerbaijan: International Religious Freedom
    Report 2006
    Posted by Patriot on 2006/9/17 7:23:36

    Released by the US Bureau of Democracy, Human Rights, and Labor

    This report is submitted to the Congress by the Department of State in
    compliance with Section 102(b) of the International Religious Freedom
    Act (IRFA) of 1998. The law provides that the secretary of state, with
    the assistance of the ambassador at large for international religious
    freedom, shall transmit to Congress "an Annual Report on International
    Religious Freedom supplementing the most recent Human Rights Reports
    by providing additional detailed information with respect to matters
    involving international religious freedom."

    Azerbaijan: The constitution provides that persons of all faiths may
    choose and practice their religion without restrictions; however,
    there were some abuses and restrictions.

    There was no change in the status of respect for religious freedom
    during the reporting period. Some religious groups reported delays in
    and denials of registration while others indicated that they either
    received or expect to receive their registration. There continued to
    be some limitations upon the ability of groups to import religious
    literature than in previous years. Most religious groups met without
    government interference. However, local authorities monitored
    religious services, and officials at times harassed nontraditional
    religious groups.


    The generally amicable relationship among religious groups in society
    contributed to religious freedom; however, there was popular prejudice
    against Muslims who convert to non-Islamic faiths and hostility
    towards groups that proselytize, particularly evangelical Christian
    and missionary groups.

    The U.S. government discusses religious freedom issues with the
    Government as part of its overall policy to promote human rights. The
    embassy is engaged actively in monitoring religious freedom and
    maintains contact with the Government and a wide range of religious
    groups.

    Section I. Religious Demography

    According to official figures, the country has a total area of 33,774
    square miles, and its population was approximately 7.9 million. There
    were no reliable statistics on memberships in various religious
    groups; however, according to official figures approximately 96
    percent of the population was Muslim. The rest of the population
    adhered to other faiths or consisted of nonbelievers. Among the Muslim
    majority, religious observance was relatively low, and Muslim identity
    tended to be based more on culture and ethnicity than
    religion. According to the State Committee on Work with Religious
    Associations (SCWRA), the Muslim population was approximately 65
    percent Shi'a and 35 percent Sunni; differences traditionally have not
    been defined sharply.

    The vast majority of Christians were Russian Orthodox whose identity,
    like that of Muslims, tended to be based as much on culture and
    ethnicity as religion. Christians were concentrated in the urban
    areas of Baku and Sumgayit.

    An estimated 15,000 Jews, constituting the vast majority of the
    country's Jewish community, lived in Baku. Smaller communities also
    existed in and around Guba and elsewhere. Most of the country's Jews
    belonged to one of two groups: the "Mountain Jews," descendents of
    Jews who sought refuge in the northern part of the country more than
    two thousand years ago, and a smaller group of "Ashkenazi" Jews,
    descendents of European Jews who migrated to the country during
    Russian and Soviet rule.

    These four groups (Shi'a, Sunni, Russian Orthodoxy, and Jews) were
    considered traditional religious groups. There also have been small
    congregations of Evangelical Lutherans, Roman Catholics, Baptists,
    Molokans (Russian Orthodox Old-Believers), Seventh-day Adventists, and
    Baha'is in the country for more than one hundred years. In the last
    ten years, a number of new religious groups considered foreign or
    nontraditional have been established, including "Wahhabi" Muslims,
    Pentecostal and evangelical Christians, Jehovah's Witnesses, and Hare
    Krishnas.

    There were fairly sizeable expatriate Christian and Muslim communities
    in the capital city of Baku; authorities generally permitted these
    groups to worship freely.

    Section II. Status of Religious Freedom

    Legal/Policy Framework

    The constitution provides that persons of all faiths may choose and
    practice their religion without restriction; however, there were some
    abuses and restrictions. Under the constitution, each person has the
    right to choose and change his or her own religious affiliation and
    belief including atheism, to join or form the religious group of his
    or her choice, and to practice his or her religion. The law on
    religious freedom expressly prohibits the Government from interfering
    in the religious activities of any individual or group; however, there
    are exceptions, including cases where the activity of a religious
    group "threatens public order and stability." In January 2006 the
    Government announced its intention to amend the law on religious
    freedom to restrict the political activities of religious groups.

    A number of legal provisions enable the Government to regulate
    religious groups, including a requirement in the law on religious
    freedom that religious organizations be registered by the
    Government. The State Committee for Work with Religious Associations
    (SCWRA), which replaced the Department of Religious Affairs in 2001,
    assumed responsibility for the registration of religious groups from
    the Ministry of Justice (MOJ). Government authorities gave the SCWRA
    and its chairman broad powers over registration; control over the
    publication, import, and distribution of religious literature; and the
    ability to suspend the activities of religious groups violating the
    law. In addition, Muslim religious groups must receive a letter of
    approval from the Caucasus Muslim Board (CMB) before they can be
    registered by the SCWRA. On June 27, 2006, the president of the
    country dismissed the chairman of the SCWRA. No public reason was
    given for the dismissal; at the end of the reporting period the
    Government had not announced a new SCWRA chairman.

    Registration enables a religious organization to maintain a bank
    account, rent property, and generally act as a legal
    entity. Unregistered organizations are exposed to allegations that
    they are illegal and find it difficult, but not impossible, to
    function. Unregistered groups were more vulnerable to attacks and
    closures by local authorities. In 2001 religious groups were called
    upon to re-register with the SCWRA; however, the registration process
    is burdensome, and there are frequent, sometimes lengthy delays in
    obtaining registration

    To register, religious groups must complete a seven-step application
    process that is arbitrary and restrictive. In 2004 groups reported
    that SCWRA employees charged with handling registration-related
    paperwork repeatedly argued over the language in statutes and also
    instructed some groups on how to organize themselves. Religious groups
    are permitted to appeal registration denials to the courts. However,
    appellate court records for the period of this report cannot verify
    whether any appeals were adjudicated.

    During the reporting period, the Government registered twenty-seven
    religious groups and rejected the applications of six religious
    groups, five of which the SCWRA identified as non-Muslim applicant
    groups. Since the call for re-registration, 347 groups have
    successfully registered, compared with 406 that were registered under
    the previous law. The majority of the registered groups were
    Muslim. The SCWRA estimated that two thousand religious groups are in
    operation; many have not filed for registration or
    re-registration. One of the minority religious communities that has
    faced re-registration problems in the past is the Baptist
    denomination. Of its five main churches, three have successfully
    re-registered; however, in 2005 the SCWRA again rejected the
    applications of the Baptist churches in Aliabad and Neftchala, which
    remained unregistered.

    Under the law on religious freedom, political parties cannot engage in
    religious activity, and religious leaders are forbidden from seeking
    public office. Religious facilities may not be used for political
    purposes. In the aftermath of the November 2005 parliamentary
    elections, the SCWRA announced plans to amend the law on religious
    freedom to further tighten restrictions the political activities of
    religious leaders. The drafting of the amendments remained in its
    preliminary stage as of the end of the reporting period.

    The law on religious freedom, which the Government enforces, prohibits
    foreigners from proselytizing. In July 2005 the Government did not
    renew the visa of the Swedish pastor of the Cathedral of Praise church
    in Baku, although there were no other reported visa denials during the
    reporting period. The law permits the production and dissemination of
    religious literature with the approval of the SCWRA; however, the
    authorities also appeared to selectively restrict individuals from
    importing and distributing religious materials. The procedure for
    obtaining permission to import religious literature remained
    burdensome, but religious organizations reported that the process had
    improved in the past year and that the SCWRA appeared to be handling
    requests more effectively.

    Registered Muslim organizations are subordinate to the CMB, a
    Soviet-era Muftiate, which appoints Muslim clerics to mosques,
    periodically monitors sermons, and organizes annual pilgrimages to
    Mecca for the Hajj. Although it remains the first point of control
    for Muslim groups wanting to register with the SCWRA according to the
    law on religious freedom, it also has been subject to interference by
    the SCWRA. It has attempted to share control with the CMB over the
    appointment and certification of clerics and internal financial
    control of the country's mosques. Some Muslim religious leaders
    objected to interference from both the CMB and SCWRA.

    Religious instruction is not mandatory in public schools. State
    education is separate from religion, but there is no restriction on
    teaching religion in schools

    Restrictions on Religious Freedom

    The Government restricted some religious freedoms during the reporting
    period. The SCWRA continued to delay or deny registration to a number
    of Protestant Christian groups but registered one Baptist church whose
    application was previously denied or delayed.

    In addition, in 2005 the Justice Ministry denied registration to a
    religious nongovernmental organization (NGO), the Azerbaijan Centre
    for Religion and Democracy. Human rights activists alleged that the
    ministry denied the registration of this group because of its
    criticism of the official religious structures and to obstruct its
    activities.

    Unregistered religious groups continued to function, and there were
    fewer incidents than in previous years of official harassment,
    break-ups of religious services, or police intimidation and
    fines. Unlike in previous years, there were no reports of beatings
    during police raids.

    For example, on April 16, 2006, Baku police interrupted the Easter
    services of the Protestant Community of Greater Grace purportedly to
    ascertain the legality of the group's religious activities. However,
    when the group complained to the Government, local officials
    apologized for the incident.

    Members of Jehovah's Witnesses reported that local authorities,
    particularly outside of Baku, occasionally interfered with their
    ability to rent public halls for religious assemblies and fined or
    detained overnight some of the group's members for meeting in private
    homes. For example, on June 12, 2005, police raided a gathering of
    approximately 200 Jehovah's Witnesses in Baku, detaining 29 members of
    the group and then releasing them after several hours in police
    custody.

    Authorities raided Baku's Mehebet Baptist Church summer camp in July
    2005 in the town of Gakh, and in November 2005 they raided the Baptist
    congregation in Ali-Bayramli.

    In 2004, police reportedly harassed and occasionally raided the
    meetings of other religious minorities including Seventh day
    Adventists in Ganja.

    MOJ officials and police forcibly evicted the Juma Mosque community
    from its premises in 2004, following protracted litigation. The mosque
    remained closed as of the end of the reporting period.

    Government officials cited the political activity of the mosque's
    imam, Ilgar Ibrahimoglu as one reason for seeking the eviction of the
    Juma Mosque community. Ibrahimoglu supported the opposition political
    party leader Isa Gambar's 2003 election movement, and in 2005 he
    campaigned on behalf of opposition party parliamentary candidates in
    the November parliamentary election.

    Since his 2004 conviction for participating in post election
    demonstrations in 2003, Ibrahimoglu has not been allowed to travel
    outside the country, including to several meetings of the UN and the
    Organization for Security and Cooperation in Europe, where he was to
    be an official NGO participant.

    On June 30, 2005, the first anniversary of the Juma community's
    eviction from the mosque, police briefly detained and released
    Ibrahimoglu for leading a group of worshippers into the Juma Mosque to
    conduct prayers, although the mosque remained officially closed.

    Local law enforcement authorities occasionally monitored religious
    services, and some observant Christians and Muslims were penalized for
    their religious affiliations. The law on religious freedom expressly
    prohibits religious proselytizing by foreigners, and this was enforced
    strictly. Government authorities have deported several Iranian and
    other foreign clerics operating independently of the organized Muslim
    community for alleged violations of the law. The Government was
    concerned about Islamic missionary groups (predominately Iranian and
    Wahhabis) that operated in the country, whose activities have been
    restricted in recent years. In May 2005 the Government closed a Saudi
    Arabian-sponsored Sunni mosque in the city of Sumgayit.

    Various religious groups previously reported some restrictions and
    delays in the import of religious literature by some government
    ministries. However, the SCWRA has also facilitated the import of such
    literature, and few religious groups reported difficulty importing
    literature through the SCWRA.

    The Government regulates travel for the purpose of religious
    training. Prospective travelers must obtain permission from, or
    register with the SCWRA or the Ministry of Education in order to go
    abroad for religious studies.

    No religious identification is required in passports or other identity
    documents. In 1999 a court decided in favor of a group of Muslim women
    who sued for the right to wear headscarves in passport photos;
    however, the Center for Protection of Conscience and Religious
    Persuasion Freedom (DEVAMM) reported that authorities prohibited
    Muslim women from wearing headscarves in passport photos. In 2004 a
    group of women appealed to the European Court of Human Rights (ECHR)
    to protest the ban.

    Some local officials continued to discourage Muslim women from wearing
    headscarves in schools. However, in June 2005, a court in Sumgayit
    upheld a school teacher's right to wear a headscarf while teaching and
    ordered the school to pay her back wages for the two months she was
    not allowed to teach.

    Following months of repeated refusals, local officials in the Zaqatala
    region finally issued a birth certificate to Baptist parents who
    wished to give their son a Christian name. Members of the ethnic
    Georgian minority reported that difficulty in registering children
    with non-Azeri names was particularly acute in this region.

    On April 28, 2006, police arrested Mushfiq Mammedov, a member of
    Jehovah's Witnesses, for refusing to fulfill the country's mandatory
    military service requirement, due to his religious beliefs. Mammedov
    appealed his arrest in court on grounds that he had a constitutional
    right to alternative military service as a conscientious
    objector. Mammedov remained in pretrial detention. In a previous case,
    the Supreme Court ruled that a member of a religious minority must
    fulfill compulsory military service despite his constitutional
    entitlement to alternative military service because of his religious
    beliefs. After seven months of litigation in the lower courts, the
    Supreme Court held that while the country remained in a "state of war"
    with Armenia, the military's service requirement superseded the
    individual's alternative service right. The court further agreed with
    the military's argument that absent implementing regulations, the
    military was not obligated to provide any alternative service
    option. The individual and his family subsequently left the country.

    The Baptist community reported that the authorities have not returned
    a building of historic significance previously confiscated under the
    Soviet regime that is used as a central Baku cinema. The Baha'i
    community reported that the Government has not responded to its August
    2005 request that the authorities return a Baku house of historic
    value to the community. The Government claimed that the country does
    not have a law on the restitution of seized property, rendering it
    impossible to return the buildings.

    Press reports indicate that in the breakaway Nagorno-Karabakh region,
    a predominantly ethnic Armenian area over which the authorities have
    no control, the Armenian Apostolic Church enjoys a special status. The
    largely Muslim ethnic Azeri population in Nagorno-Karabakh and the
    seven occupied territories, which fled the region during the conflict
    with Armenia in the 1990s, was not able to return to these areas.

    Abuses of Religious Freedom

    Sporadic violations of religious freedom by some officials
    continued. In many instances, abuses reflected the popular antipathy
    towards ethnic Azeri converts to non-Russian Orthodox Christianity and
    other nontraditional religious groups.

    In March 2005 the head of the CMB appeared in a television expose
    describing nontraditional religious groups as subversive sects. The
    chairman of the SCWRA spoke on television claiming that Adventists
    used financial bribes to recruit new adherents. On June 21, 2006, a
    representative of the SCWRA criticized Adventists and other
    nontraditional religious groups in an expose aired on a leading
    television channel. In the same broadcast representatives of the Ganja
    orthodox church described nontraditional religious groups as
    "brainwashing" their members.

    Nontraditional religious groups faced particularly acute problems
    operating in remote regions of the country, including the exclave of
    Nakhchivan. For example, in December 2004 the leader of the small
    Baha'i community in Nakhchivan was briefly detained and released,
    reportedly because of his religious activity and teachings.

    Government authorities took various actions to restrict what they
    claimed were political and terrorist activities by Iranian and other
    clerics operating independently of the organized Muslim community. The
    Government outlawed several Islamic humanitarian organizations because
    of credible reports about connections to terrorist activities. The
    Government also deported foreign Muslim clerics it suspected of
    engaging in political activities. There also were reports that the
    Government harassed Muslim groups due to security concerns. For
    example, the Human Rights Resource Center in Khachmaz reported that
    Wahhabis in Khachmaz were harassed because the authorities suspect
    that all Wahhabists have links to terrorism. On April 18, 2006, the
    authorities announced the conviction of a Wahabbist group called the
    Jammat-al-Mujahiddin on charges of plotting terrorist actions.

    There were no reports of religious prisoners or detainees in the
    country. Sunni Imam Kazim Aliyev, who appealed his 2002 arrest in
    Ganja to the ECHR, was released from prison in January 2006 by
    presidential pardon. In the northern city of Khachmaz, community
    members reported that on several occasions, police harassed and
    detained some Muslims who had disrupted public order. The police
    allegedly shaved the detainee's' beards; however, police officials
    denied detaining anyone for religious reasons.

    Forced Religious Conversion

    There were no reports of forced religious conversion, including of
    minor U.S. citizens who had been abducted or illegally removed from
    the United States, or of the refusal to allow such citizens to be
    returned to the United States.

    Improvements in Respect for Religious Freedom

    Some religious groups in the country report improvements in their
    ability to function freely. Several churches indicated that they
    either received or expected to receive their registration, they were
    able to import religious literature, and they met without government
    interference.

    When minority religious communities outside of Baku reported that
    local authorities illegally denied their registration, the SCWRA
    intervened on their behalf and rectified the situation. In previous
    years, the SCWRA had taken a particularly strict approach to the
    registration of minority religious communities and had failed to
    prevent local authorities from banning such communities.

    During the reporting period, the Government worked actively to promote
    interfaith understanding. SCWRA convened leaders of various religious
    communities on several occasions to resolve disputes in private, and
    has provided forums for visiting officials to discuss religious issues
    with religious figures. During the reporting period the SCWRA
    organized several seminars, conferences, and regional meetings on
    religious freedom and tolerance.

    Section III. Societal Abuses and Discrimination

    The generally amicable relationship among religious groups in society
    contributed to religious freedom; however, there is popular prejudice
    against Muslims who convert to non-Islamic faiths and hostility
    towards groups that proselytize, particularly evangelical Christian
    and missionary groups. This has been accentuated by the unresolved
    conflict with Armenia over Nagorno-Karabakh.

    As in previous reporting periods, newspapers and television broadcasts
    depicted small, vulnerable religious groups as a threat to the
    identity of the nation and undermining the country's traditions of
    interfaith harmony, which led to local harassment. In addition, the
    head of the SCWRA has made remarks at times during these broadcasts,
    which contributed to the climate of hostility these broadcasts
    generate.

    During the reporting period, articles critical of Wahhabism and
    Christian missionaries appeared in many newspapers and one television
    channel aired "exposes" of Christian church services. Religious
    proselytizing by foreigners is against the law, and there is vocal
    opposition to it.

    Hostility also existed toward foreign (mostly Iranian and Wahhabist)
    Muslim missionary activity, which was viewed in part as seeking to
    spread political Islam, and therefore as a threat to stability and
    peace. The media targeted some Muslim communities that the Government
    claimed were involved in illegal activities.

    Hostility between Armenians and Azeris, intensified by the unresolved
    conflict over Nagorno-Karabakh, remained strong. In those areas of the
    country controlled by Armenians, all ethnic Azeris have fled, and the
    mosques that have not been destroyed are not functioning. Animosity
    toward ethnic Armenians elsewhere in the country forced most of them
    to depart between 1988 and 1990, and all Armenian churches, many of
    which were damaged in ethnic riots that took place more than a decade
    ago, remained closed. As a consequence, the estimated ten thousand to
    thirty thousand ethnic Armenians who remained were unable to attend
    services in their traditional places of worship.

    There were few cases of prejudice and discrimination against Jews in
    the country, and in the few instances of anti-Semitic activity, the
    Government was quick to respond. Jewish community leaders consistently
    remarked on the positive relationship they have with the Government
    and leaders of other religious communities. In 2004, a new Jewish
    community center was opened in Baku with high-level government
    participation. Authorities also reserved one wing of a Baku school for
    secular and religious classes for 200 Jewish students.

    Section IV. U.S. Government Policy

    The U.S. government discusses religious freedom issues with the
    Government as part of its overall policy to promote human
    rights. During the reporting period, embassy officers conveyed
    U.S. concerns about the registration process and the overall attitude
    towards nontraditional religious groups to the chairman of the
    SCWRA. Embassy officers also expressed concerns about the Government's
    commitment to religious freedom with other members of the Government
    and publicly in the press. The U.S. embassy repeatedly conveyed
    objections to the censorship of religious literature, and concern that
    proposed amendments to the law on religious freedom respect the rights
    of religious believers.

    The ambassador and embassy officers maintain close contacts with
    leading Muslim, Russian Orthodox, and Jewish religious officials, and
    regularly meet with members of nonofficial religious groups in order
    to monitor religious freedom. The ambassador and embassy officers also
    maintain close contact with NGOs that address issues of religious
    freedom.

    Released on September 15, 2006

    Source: US State Dept.
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