FORUM 18 NEWS SERVICE, Oslo, Norway
https://urldefense.com/v3/__https://www.forum18.org/__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghl3RtD5A$
 

The right to believe, to worship and witness
The right to change one's belief or religion
The right to join together and express one's belief

=================================================

Thursday 17 June 2021
AZERBAIJAN: Religion Law amendments "more controlling mechanisms"

On 16 June, President Ilham Aliyev signed into law Religion Law and
Administrative Code changes introducing new restrictions on freedom of
religion and belief. These include requiring the State Committee for Work
with Religious Organisations to approve the appointment of all non-Islamic
religious leaders and to take part in the re-attestation of all clerics of
the state-controlled Caucasian Muslim Board every five years. "Most
provisions of the amendments are quite restrictive and raise the question
as to whether they are the right policy," says human rights defender Rasul
Jafarov. "Our opinion is that they are not, as they violate all
international standards."

AZERBAIJAN: Religion Law amendments "more controlling mechanisms"
https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2666__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUggWAOWjmA$
 
By Felix Corley, Forum 18

On 16 June, President Ilham Aliyev signed into law Religion Law amendments
which introduce a new requirement for the State Committee for Work with
Religious Organisations to approve the appointment of all non-Islamic
religious leaders. Only the state-controlled Caucasian Muslim Board will be
allowed to name Muslim clerics, but they will have to undergo
re-attestation every five years with the involvement of State Committee
officials.

Fr Konstantin Pominov, spokesperson for the Russian Orthodox Diocese, said
that when the Church names the new head of the Diocese to replace the
deceased Bishop, it will require state approval. "We'll need approval from
the State Committee and the Justice Ministry," he told Forum 18. "The
appointment will have to be agreed with the Sheikh [Allahshukur Pashazade
of the Muslim Board], the President [Aliyev] and the Patriarch [Kirill of
the Russian Orthodox Church]" Asked why the Church needs to agree the
appointment of its leader with the regime and the head of a different
religious community, Fr Pominov responded: "We need to have someone who
understands Azerbaijan, for them to say who they'd like to see and who not"
(see below).

"This initiative came from our President," a Milli Majlis official told
Forum 18 on 21 April 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2653__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghq_M4Y_Q$
 ).
The Religion Law and Administrative Code amendments were prepared in secret
and adopted very quickly. The texts were only published on the Milli Majlis
website in the afternoon of 21 April, two days before their first reading.
The first reports of the proposed amendments came only on 13 April, when a
local news agency published a summary of the Religion Law amendments.
"Decisions are adopted without public debates," human rights defender Eldar
Zeynalov commented to Forum 18 (see below).

In line with Azerbaijan's legally-binding international human rights
obligations, the decisions (including those reached in May and June) of
both the United Nations (UN) Human Rights Committee and the European Court
of Human Rights (ECtHR) require the regime to change its laws and practices
so that freedom of religion and belief violations cannot recur
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2665__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUgj-AbpTKw$
 ). Forum 18 is not
aware of any proposed government legal or other changes to meet this
obligation. Instead, the Religion Law and Administrative Code amendments
increase restrictions on the exercise of freedom of religion or belief.

"The judgment of the Court [the ECtHR] alone is not enough for justice," a
lawyer who wished to remain anonymous for fear of state reprisals told
Forum 18. "The government's failure to fulfil its ECtHR obligations is a
serious issue," says another lawyer, Asabali Mustafayev. "The Council of
Europe and other international organisations are not insistent enough, so
the government gets away with flouting [its obligations]."
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2664__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUgjT0jX_bQ$
 )

The Milli Majlis, adopted the Religion Law amendments on their third
reading on 4 May. Administrative Code amendments were also adopted on their
third reading the same day. These state that local religious organisations
functioning outside their legally registered address would face punishment,
but not state-registered "religious centres" (headquarters) (see below).

The Religion Law 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 )
amendments also close mosques and Islamic shrines when they do not have a
Muslim Board-appointed leader (see below).

Communities without a "religious centre" are not allowed to grant religious
titles or ranks to the clergy, apply for permission to have foreign
citizens as religious leaders, establish religious educational
establishments or organise visits by their adherents to shrines and
religious locations abroad. Tighter restrictions are imposed on mass
religious events outdoors (see below).

An amendment that would have allowed non-Islamic communities to establish
and apply for state registration of a "religious centre" (headquarters),
though only if they had at least five registered communities in at least
five different towns or districts, was included in the draft amendments
presented to the Milli Majlis in April. However, it had been deleted by the
time the draft completed passage in the Milli Majlis, so it remains unclear
how non-Islamic communities can gain this status (see below).

State Committee permission is now required to hold religious "mass events"
anywhere apart from at state-approved places of worship or shrines. "This
is a very dangerous provision," the lawyer Asabali Mustafayev told Forum
18. "The Law gives no indication of how many participants there must be
before a meeting is considered a mass event." He notes that this issue has
arisen earlier in several cases where he was involved, where individuals
were punished for holding religious meetings in homes (see below).

"Most provisions of the amendments are quite restrictive and raise the
question as to whether they are the right policy," human rights defender
Rasul Jafarov told Forum 18 from Baku on 21 May. "Our opinion is that they
are not, as they violate all international standards .. Maybe they want
more controlling mechanisms." He added that it remains unclear if the
regime will use the new powers immediately, or will keep them in reserve.
"It looks like the latter at the moment" (see below)

Subhan Hasanli, a lawyer, commented that "because of growing social and
economic tensions, the government is enacting greater supervision over
religious institutions and individuals," he told Forum 18 on 20 May. "This
amounts to the installation of a new, state-centred religion" (see below).

"As usual, all these amendments have a restrictive character," human rights
defender Elshan Hasanov told Forum 18 from Baku
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2653__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghq_M4Y_Q$
 ) while the draft
amendments were still in parliament. "The result: pilgrimages – only with
permission; mass religious rituals – only with permission; religious
education – only with permission; literature – only with permission."

"Not appropriate" to answer questions

Forum 18 was unable to reach any officials to discuss the proposed
amendments. The individuals were not in their offices or telephones went
unanswered on 17 June of: at the Presidential Administration, the Head of
the Department of Humanitarian Policy, Diaspora, Multiculturalism and
Religious Issues Farah Aliyeva, the Head of the Legal Expertise Department
Shahin Aliyev, and other officials; and at the Milli Majlis, members of the
Public Associations and Religious Organisations Committee as well as
several other deputies.

The head of the State Committee for Work with Religious Organisations
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ), Mubariz Qurbanli,
told Forum 18 on 17 June that he was busy and asked it to call back an hour
later. Subsequent calls went unanswered.

The same day, Ali Haziyev, head of the State Committee's International
Relations Department, told Forum 18 it is "not appropriate" to answer
questions by telephone and asked Forum 18 to send them in writing. He
insisted that the State Committee would respond, although the last time it
replied to written questions from Forum 18 was in April 2014.

Among the written questions Forum 18 asked in the middle of the Baku
working day on 17 June were:

- Why do the amendments not meet Azerbaijan's obligations following United
Nations Human Rights Committee and European Court of Human Rights decisions
which oblige Azerbaijan to change its laws to remove restrictions in the
area of freedom of religion or belief?

[Among these legally-binding obligations
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) are to allow the
exercise of the freedom of religion and belief without state permission, to
end compulsory censorship of all religious texts, and to provide a
genuinely civilian alternative service for conscientious objectors to
military service.]

- Why do non-Islamic religious communities need to get State Committee
permission to appoint leaders?

- Why does the State Committee need to take part in re-attesting Islamic
clergy every 5 years? Is this not a matter for the Islamic community
itself?

- Why will mosques and shrines have to close when they do not have a leader
named by the Muslim Board? Surely this is an issue for each community
itself?

- How can religious communities get the status of a "religious centre"
(headquarters)? The part of the law setting that out was removed. How many
"religious centres" does the State Committee recognise in Azerbaijan at the
moment?

- Why cannot communities without a "religious centre" grant religious
titles or ranks to the clergy, apply for permission to have foreign
citizens as religious leaders, establish religious educational
establishments or organise visits by their adherents to shrines and
religious locations abroad?

Forum 18 had received no reply to its questions from the State Committee by
the end of the working day in Baku on 17 June.

Amendments prepared as usual in secret, no legal review sought

As is often the case, the regime prepared the Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) and Administrative
Code 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) amendments in
secrecy and with no public consultation. Although the head of the State
Committee for Work with Religious Organisations
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ), Mubariz Qurbanli,
stated in February that it was preparing Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) amendments, he gave
no indication of what was to be in them
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2647__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUgg6LiZbRg$
 ). It remains unclear
if the Religion Law 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 )
amendments now adopted are the same as those apparently being prepared by
the State Committee.

The regime did not seek a review of these amendments
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2653__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghq_M4Y_Q$
 ) from either the
Council of Europe's Venice Commission or the Organisation for Security and
Cooperation in Europe (OSCE) Office for Democratic Institutions and Human
Rights. The two inter-governmental organisations, often together, provide
reviews of laws and draft laws on request.

Inter-governmental organisations have repeatedly criticised the regime's
restrictions on freedom of religion and belief and other human rights
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ). Both the Council of
Europe's Venice Commission and the OSCE have drawn extensively on their
highly critical October 2012 Joint Opinion on the Religion Law
(https://urldefense.com/v3/__https://www.legislationline.org/download/action/download/id/4150/file/214_FOR_AZE_15*20Oct*202012_en.pdf__;JSU!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghGV8-w_g$
 )
in the OSCE/Venice Commission Joint Guidelines on the Legal Personality of
Religion or Belief Communities 
(https://urldefense.com/v3/__https://www.osce.org/odihr/139046__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUggUQo5uDw$
 ).

Updating?

The Presidential Administration handed the Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) and Administrative
Code 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) amendments to
the Milli Majlis, apparently in April. They were originally scheduled to be
considered on 15 April only by the Legal Policy and State Building
Committee. However, ahead of the hearing this was changed, so that the main
Committee considering them would be the Public Associations and Religious
Organisations Committee. However, members of both Committees took part in
the 15 April meeting 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2653__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghq_M4Y_Q$
 ),
which took place online.

Fazail Ibrahimli, chair of the Public Associations and Religious
Organisations Committee, explained the proposed Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) amendments, Trend
news agency noted the same day. He claimed that the Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ), first adopted in
1992, needed updating, in particular by setting out the rights, obligations
and responsibilities of the state, the individual and religious
communities.

Gunduz Ismayilov, a Deputy Chair of the State Committee for Work with
Religious Organisations
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ), and Simran Hasanov,
chief of staff of the state-controlled Caucasian Muslim Board
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ), were also at the 15
April meeting.

The Milli Majlis adopted the Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) and Administrative
Code 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) amendments in
the first reading on 23 April, the second reading on 27 April and the third
reading on 4 May. The Milli Majlis made almost no changes to the text
originally presented to it by the Presidential Administration
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2653__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghq_M4Y_Q$
 ). Once adopted, the
amendments were sent to President Aliyev, who signed them into law on 16
June, according to the presidential website.

Local religious communities not "religious centres" subject to some
punishments

Ali Huseynli, chair of the Legal Policy and State Building Committee,
outlined to the 15 April meeting the related Administrative Code
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) amendments. He
claimed that it is important to set out the norms of the ban on promoting
extremism and the use of inter-religious conflicts for political ends.

However, the one proposed amendment to the Administrative Code
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) (also signed into law
on 16 June) was to Article 515.0.4, which punishes "Religious associations
operating away from their registered legal address"
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ). The amendment
specified that local religious communities not "religious centres" would be
subject to punishments imposed by this article.

An official of the Milli Majlis Public Associations and Religious
Organisations Committee refused to discuss the content of the amendments
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2653__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghq_M4Y_Q$
 ) with Forum 18 on 21
April.

State permission now required for non-Islamic clergy appointments

The Muslim Board is specifically identified in the Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) amendments as the
only Muslim organisation allowed to appoint clerics to individual
communities, as well as to shrines which do not have a resident community
and which do not have state registration. The Muslim Board has to inform
the State Committee of these appointments.

The Muslim Board now has to re-attest each cleric every five years, with a
State Committee official participating in the re-attestation process.

"When a cleric appointed to a place of worship or shrine is relieved of his
post," the Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) amendments note, "the
religious community of the place of worship and the shrine shall cease its
religious activities until a new cleric is appointed to that position."

The amendments to the Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) for the first time
require non-Islamic religious communities to get permission from the State
Committee to appoint individuals as religious leaders.

Fr Konstantin Pominov, spokesperson for the Russian Orthodox Diocese, said
that when the Church names the new head of the Diocese to replace
Archbishop Aleksandr (Ishchein), who died on 10 June, it will require state
approval. "We'll need approval from the State Committee and the Justice
Ministry," he told Forum 18 from Baku on 17 June.

"The appointment will have to be agreed with the Sheikh [Allahshukur
Pashazade of the Muslim Board], the President [Ilham Aliyev] and the
Patriarch [Kirill of the Russian Orthodox Church]." Asked why the Church
needs to agree the appointment of its leader with the state regime and the
head of a different religious community, Fr Pominov responded: "We need to
have someone who understands Azerbaijan, for them to say who they'd like to
see and who not."

It remains unclear how the new requirement in the Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) amendments might
apply to the Roman Catholic Apostolic Prefecture of Azerbaijan. Under the
terms of the 2011 Agreement between the Holy See and Azerbaijan, the Holy
See "freely chooses" the head of the Apostolic Prefecture, the Ordinary,
with no requirement to await the approval of the Azerbaijani regime.

Under the Agreement, before the appointment of an Ordinary is published the
President is informed "out of courtesy and confidentially" without any
mention of the regime being able to block the appointment. The Agreement
gives the appointed Ordinary the right to appoint foreign priests and nuns,
to which the regime must "upon formal request" grant a residence permit and
a work permit "intended for the exercise of pastoral ministry".

All the clergy and nuns of the Catholic church in Baku are foreign
citizens, including the head, Bishop Vladimir Fekete.

Speaking before the amendments were approved, several members of
non-Islamic communities expressed concern as to how the State Committee
might interpret its role. One noted that it might decide to ban individuals
who have previously been punished for exercising freedom of religion or
belief under the Criminal Code or the Administrative Code
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ). Another linked this
State Committee power to a "Sword of Damocles" hanging over each
non-Islamic community.

Who can have a "religious centre"?

The Religion Law 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 )
amendments increase the distinction between "religious centres"
(headquarter bodies) and local religious communities. The Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) previously made less
of a distinction, though it appears to presume that each non-Islamic
community has a "religious centre" outside Azerbaijan.

A registered "religious centre" is allowed to operate throughout
Azerbaijan, according to the amendments.

The regime apparently recognises the state-controlled Caucasian Muslim
Board 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) as a "religious
centre" and the only one that can exist for communities of Muslims. It
appears – as has been the situation - that no other Islamic communities
will be allowed to exist.

The Religion Law 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 )
amendments, as presented to the Milli Majlis by the Presidential
Administration, would have allowed non-Islamic communities to establish and
apply for state registration of a "religious centre", though only if they
had at least five registered communities in at least five different towns
or districts. However, this provision was removed by the time the President
signed the amendments into law.

It remains unclear whether any further non-Islamic communities will be
allowed to register a "religious centre". 

It seems that the State Committee recognises the Russian Orthodox diocese
of Baku and Azerbaijan, the only registered Russian Orthodox community in
the country, as a "religious centre". It has six parishes, but they are
based in only four cities (Baku, Sumgait, Ganca, and Khachmaz), which means
the Russian Orthodox would not have qualified to have a "religious centre"
under the provision in the Presidential Administration version of the
amendments.

The State Committee similarly appears to recognise the Roman Catholic
Apostolic Prefecture as a "religious centre". It registered it on 7 July
2011, the day after an Agreement came into force between the Holy See and
Azerbaijan. "The Republic of Azerbaijan recognizes and registers the
juridical personality of the Catholic Church, as well as of all its
institutions established on the basis of the legislation of the Catholic
Church, in conformity with the present Agreement," Article 2 of the
Agreement notes. Like the Russian Orthodox Diocese, the Catholic Apostolic
Prefecture would not have qualified to be a "religious centre" under the
provision in the Presidential Administration version of the amendments.

The State Committee records other registered religious communities –
including of Jews, Georgian Orthodox, Baptists, Pentecostals, Lutherans and
other Protestants, Baha'is, Jehovah's Witnesses and Hare Krishna devotees
– simply as "religious communities". It seems unlikely they will be able
to gain the status of a "religious centre".

Most of these faiths have been allowed to register only one or at most two
local communities. The State Committee has allowed the Georgian Orthodox
Church to register only three communities, all of them in Qakh Region.

The State Committee arbitrarily denies registration to many other religious
communities, including mosques not affiliated to the state-controlled
Caucasian Muslim Board
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ), as well as other
religious communities, particularly away from the capital Baku. The
Jehovah's Witness community in the second city Ganca has been seeking
registration in vain since 2010.

The State Committee gave Baku's Azeri-language Baptist congregation state
registration only in November 2015. It gave the city's Russian-language
Baptist congregation state registration only in July 2019, nearly a decade
after it applied for the compulsory re-registration
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2557__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghhQUQi1Q$
 ). The Baptist
congregation in Aliabad first applied for state registration in 1994. Over
a quarter of a century later, in January 2020, the State Committee said it
had "no objection" to the community meeting in a home once a week for two
hours 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2557__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghhQUQi1Q$
 ).

What smaller religious communities won't be able to do

Under the Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) amendments, local
religious communities still require (as at present) 50 adult citizens as
founders, but these founders have to live in one administrative district.
As already laid down in the Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ), any exercise of
freedom of religion and belief by a local community outside its registered
legal address is banned.

Some religious communities currently rent premises for worship which are
not their registered legal address.

Only "religious centres" are now allowed to grant religious titles or ranks
to the clergy. This appears to be mainly targeted at Muslim preachers,
teachers and imams who do not have Muslim Board approval.

Only "religious centres" are allowed to apply for permission to have
foreign citizens as religious leaders (see below).

As in the previous Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ), only "religious
centres" are allowed to establish religious educational establishments, and
have to get permission to establish them from the State Committee. Each
"religious centre" is allowed to establish only one such educational
establishment, and these also require a state licence.

Only "religious centres" are allowed to organise visits by their adherents
to shrines and religious locations abroad, for which the state is to set
out procedures, according to the Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) amendments. The
"religious centres" have to inform the State Committee in advance of such
organised visits.

Muslim scholar Elshad Miri expressed unhappiness at these new state
controls over foreign religious visits. "Will the regime now stop people
travelling abroad for tourism or other purposes?" he told Public TV on 17
April, as news of the content of the amendments was emerging. "Why should
Muslims be stopped?"

Tighter state control on religious "mass events"

Only Azerbaijani citizens are allowed to organise religious "mass events".

While the Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) already claims that
homes can be used "unimpeded" for religious rites and ceremonies, a new
Article 6-1 of the Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) restricts
larger-scale religious ceremonies and "mass events" to places of worship or
shrines. The only exceptions are funerals, iftars, religious weddings,
ceremonial meals after a funeral (ehsan) and the observance of the birthday
of the Islamic prophet Muhammad (movlud).

State Committee permission is required to hold religious "mass events"
anywhere apart from at state-approved places of worship or shrines.

"This is a very dangerous provision," the lawyer Asabali Mustafayev told
Forum 18 from Baku before the amendments were adopted. "The Law gives no
indication of how many participants there must be before a meeting is
considered a mass event."
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2653__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghq_M4Y_Q$
 ) He notes that this
issue has arisen earlier in several cases where he was involved, where
individuals were punished for holding religious meetings in homes.

In April 2012, police in Ganca raided a Muslim meeting for worship in a
home after which three participants were fined and initially ordered
deported 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1719__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUggwgw1cQQ$
 ). In
September 2015, police raided a meeting to study Muslim theologian Said
Nursi's works at a home in Baku, with five later given criminal
convictions, many others fined and two individuals deported
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2106__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUgjrxrgLNg$
 ). In March 2017,
police raided a home in Quba where Muslims who study Nursi's works were
meeting and almost all participants were subsequently fined
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2294__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUggQPa-d8w$
 ). In 2020 and 2021,
the European Court of Human Rights found a violation of the individuals'
rights, or accepted the regime's admissions that it had violated the
individuals' rights 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2647__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUgg6LiZbRg$
 )
and agreement to pay compensation to the victims.

The regime has long been hostile to independent non-state-controlled public
events and activity. The December 2015 Religion Law amendments banned
religious slogans, banners and flags on the streets
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ). An unpublished rule
already banned people from praying outside mosques
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ), although this has
unofficially occurred at some mosques.

Increased controls on foreign citizens

The Religion Law 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 )
already banned foreigners from conducting "religious propaganda" in
Azerbaijan.

Since Religion Law amendments in December 2015
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ), Article 21 has
banned both Azerbaijani citizens who had studied abroad and non-Azerbaijani
citizens from conducting Islamic rituals.

A new Criminal Code Article 168-1 ("Violation of the procedure for
religious propaganda and religious ceremonies") was also introduced at the
same time 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2134__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUggFhur8nw$
 ). Part 1
punishes the conducting of Islamic rites by a citizen who has received
their education abroad with one year's imprisonment, or a fine of between
2,000 and 5,000 Manats. Part 2 punishes "religious propaganda by foreigners
and stateless persons" (except those invited by a registered religious
headquarter organisation) with imprisonment of between one and two years.

Imam Sardar Babayev was the first and only person known to have been
punished under Article 168-1. He was jailed between February 2017 and
February 2020 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2350__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUggllK8Qjg$
 ). After
his release, Babayev's lawyer Javad Javadov told Forum 18 that the Imam
would not be resuming leading prayers and preaching in the mosque for fear
of renewed criminal prosecution
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2557__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghhQUQi1Q$
 ).

Under the Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) amendments, the ban
in the Religion Law on foreign citizens leading meetings for Islamic
worship 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) is extended
to cover meetings for worship by people of any belief led by foreigners.

Only foreign citizens (or individuals without citizenship) on an official
visit and foreign citizens (or individuals without citizenship) invited by
state-registered "religious centres" are exempt from the general ban on
foreigners leading religious worship. However, they still need the State
Committee approval that all religious leaders require.

It remains unclear what will happen in communities which have foreign
religious leaders which are not able to gain permission for a "religious
centre".

The regime prevented several Georgian Orthodox priests in succession from
continuing their ministry, most recently in June 2015
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2142__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghqNfSVvw$
 ), claiming that they
had to have Azerbaijani citizenship to be able to serve the parishes in the
country. In 2016, after a gap of many months, Azerbaijan finally granted
citizenship to a priest from Georgia, Fr Peter Khumarashvili. He serves the
three state-registered parishes in Qakh Region along the north-western
border with Georgia.

"Forcing religion on children" banned

An amendment to the Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) specifies that
parents and guardians can bring up their children in accordance with their
religious beliefs and attitudes. However, it then adds: "It is forbidden to
force children to believe in religion. The religious upbringing of children
shall not adversely affect their physical and mental health."

It remains unclear what motivated the regime to introduce this provision.

Among those criticising what they saw as the vagueness of the provision
when details of the amendments were first made public was Islamic scholar
Elshad Miri. "In what way will children complain against their parents that
they are taught religion against their will?" he told Public TV on 17
April. "Will the regime make children complain against their parents, will
this not be psychologically stressful for them?"

"The installation of a new, state-centred religion"

Some commentators say the Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) amendments are part
of a wider government programme to control the exercise of freedom of
religion or belief. "The government wants to domesticate religion," one
commentator told Forum 18 from Baku in early May after the Milli Majlis
adopted the amendments. "The government is trying to destroy genuine
religion just as it destroyed genuine social
(https://urldefense.com/v3/__https://freedomhouse.org/country/azerbaijan/nations-transit/2021__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUgi5u046yg$
 ) and
political society
(https://urldefense.com/v3/__https://www.hrw.org/world-report/2021/country-chapters/azerbaijan__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUgjaJr3ioA$
 )."

"Unfortunately the new Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) amendments are a
continuation of the restrictive amendments we saw before, such as in 2019,"
human rights defender Rasul Jafarov told Forum 18 from Baku on 21 May.
"Most provisions of the amendments are quite restrictive and raise the
question as to whether they are the right policy – our opinion is that
they are not, as they violate all international standards."

Jafarov complained that the amendments are part of the desire to impose
full state control over mosques and other religious communities. "Maybe
they want more controlling mechanisms." He added that it remains unclear if
the regime will use the new powers immediately, or will keep them in
reserve. "It looks like the latter at the moment."

Subhan Hasanli, a lawyer, agreed that the regime adopted the amendments to
implement greater control, especially over the Muslim community. "Because
of growing social and economic tensions, the government is enacting greater
supervision over religious institutions and individuals," he told Forum 18
from Baku on 20 May. "This amounts to the installation of a new,
state-centred religion."

Hasanli noted the state-controlled Caucasian Muslim Board
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ), the only Muslim
headquarters allowed to exist and to which all mosques are subject. "The
Board already sends sermons to all imams which they have to read out each
Friday. The Board requires subjugation to the regime."

"Decisions are adopted without public debates"

Eldar Zeynalov of the Human Rights Centre of Azerbaijan noted that the
texts of these amendments to the Religion Law
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ) and the
Administrative Code 
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 )
were not available for public scrutiny before consideration of them began
in the Milli Majlis. "The problem is that with issues considered important
for national security, decisions are adopted without public debates," he
told Forum 18 from Baku in April
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2653__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghq_M4Y_Q$
 ).

"The obvious aim of such amendments is to prevent any foreign 'religious
centres' from possible intervention into the religious hierarchy, to
monopolise the granting of religious titles, etc.," Zeynalov commented.
"However, in the case of non-Muslim clergy, the idea seems absurd."

Zeynalov pointed out that many religious communities have no religious
educational establishments in Azerbaijan, including Roman Catholics,
Russian Orthodox, Georgian Orthodox, and Jehovah Witnesses. "If diplomas of
Russian, Georgian, or European religious educational establishments would
not be accepted, congregations would be without their shepherds."

Strict state controls

The new controls on the exercise of freedom of religion or belief come on
top of strict controls that the regime already imposes on all exercise by
anyone, anywhere in Azerbaijan, of their freedom of religion and belief
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 ). Any meeting by a
group of people without state permission to exist is illegal, as are
meetings held in venues without state approval. Religious teaching is
similarly restricted. All religious literature must undergo pre-publication
censorship by the State Committee. Those who violate these state controls
face punishment.

Raids on people meeting for worship, on individuals in their homes, and
fines were frequent in earlier years. However, the regime appear to have
launched fewer such raids since 2019, Forum 18 notes.

Jehovah's Witnesses have in the past been among those targeted by the
police and other state officials. "At the moment we don't have any problems
with the police or the State Committee," a community member told Forum 18
from Baku on 15 June. "Even before the pandemic, the State Committee's
representatives were very cooperative if we had problems with the police or
other state agencies." (END)

Full reports on freedom of thought, conscience and belief in Azerbaijan
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?query=&religion=all&country=23__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUgjYzzUXxA$
 )

For more background, see Forum 18's Azerbaijan religious freedom survey
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=2429__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghtobrlaw$
 )

Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion or belief commitments
(https://urldefense.com/v3/__https://www.forum18.org/archive.php?article_id=1351__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUgjCkTGX4g$
 )

Follow us on Twitter @Forum_18 
(https://urldefense.com/v3/__https://twitter.com/forum_18__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUgjrfhB1yg$
 )

Follow us on Facebook @Forum18NewsService
(https://urldefense.com/v3/__https://www.facebook.com/Forum18NewsService__;!!LIr3w8kk_Xxm!6BoDur236S411ddgxardI3v0VfjmHfov2z2aZSC8O6PuKtqa2EfvUghXdEHiBw$
 )

All Forum 18 text may be referred to, quoted from, or republished in full,
if Forum 18 is credited as the source.

All photographs that are not Forum 18's copyright are attributed to the
copyright owner. If you reuse any photographs from Forum 18's website, you
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