By Felix Corley, Forum 18 News Service <http://www.forum18.org>
A very wide range of Azerbaijan's religious communities have independently
told Forum 18 News Service that the compulsory re-registration process to
re-gain legal status is "torturous". Under the 2009 Religion Law it was
supposed to have been completed by 1 January 2010, but according to the
State Committee's own figures at least 300 religious communities are still
without legal status. Unregistered religious activity is, against
international human rights standards, banned. However, Yusif Askerov, head
of the Registration Department at the State Committee for Work with
Religious Organisations in the capital Baku, brushes aside such complaints.
"We're trying to help religious communities with the re-registration
process," he claimed to Forum 18 on 6 April.
Communities that had managed to gain registration since the last round of
re-registration in 2002 complained that they had to rush to complete
extensive and complex documentation by the deadline. The many communities
that had arbitrarily been denied registration since 2002 complained that -
if they wanted to try again for registration - they had to once again go
through the complex bureaucracy of acquiring the necessary state documents
to re-apply.
All the re-registration applications from communities Forum 18 has spoken
to were made before 31 December 2009, in the majority of cases in the
autumn of that year. Some communities who did not have registration, were
refused it, or had no answer to an original application, have applied for
registration for the first time since 2009.
"Torturous process"
Religious communities complain that the process is extremely slow and
difficulty, some independently describing it as "a torturous process".
Typically, over 15 separate documents are required, many of them officially
notarised. These are required from both people designated by the community
as founders and for the communities themselves. Among the required
documents are: minutes of approved meetings; reasons why founders have
changed (if they have since the community was previously registered); and
reasons for any changes of address.
Communities complain that State Committee officials arbitrarily and
repeatedly question information in founding documents on the aims and
procedures, the identity of office-holders, the territory where the
community operates, and the address the community wished to register at.
Officials also have questioned the grammar of registration applications,
and the completeness of documentation provided.
Several religious communities have told Forum 18 that the State Committee
dismisses their complaints about slowness and hostility in processing
registration applications. Some have complained of officials telling them:
"If you're not happy you can take us to court." They complain that the
statutes of the State Committee require it to help religious communities,
yet this is not what the Committee does.
One representative of a religious community - who, like many, asked not to
be identified for fear of state reprisals against their community - told
Forum 18 in February that the State Committee's activity is
"anti-Constitutional". "Our rights to practice our faith are guaranteed in
Azerbaijan's Constitution, but the State Committee acts against this. Even
its very existence is against the Constitution. But religious communities
are paralysed with fear that, if they speak out, their registration chances
will be reduced to zero."
Defiance of international human rights obligations
Prominent among religious communities which have failed to gain legal
status are all independent mosques outside the framework of the
state-backed Caucasian Muslim Board, as well as some of the Board's own
mosques. Also without legal status are Baku's Catholic parish, almost all
Protestant denominations (including Baptists, Seventh-day Adventists and
Pentecostals), as well as Jehovah's Witnesses. The handful of Protestant
churches allowed to re-register include Baku's Erlösergemeinde Lutheran
community, three Molokan communities in Baku, Sumgait and Hilmilli, as well
as New Life Church in Baku (see F18News 10 December 2010
<http://www.forum18.org/Archive.php?article_id=1520>).
In defiance of the country's international human rights obligations,
Azerbaijan's harsh new 2009 Religion Law imposes compulsory registration
and declares all unregistered religious activity illegal. The new Law
imposed compulsory re-registration of all registered religious communities,
setting the deadline of 1 January 2010 (see F18news 3 June 2009
<http://www.forum18.org/Archive.php?article_id=1305>).
Threats and riot police
Askerov of the State Committee insisted to Forum 18 that the registration
certificates of religious communities which had registration under the old
system remain valid while the re-registration process continues. "They can
therefore still meet for worship," he claimed.
He pointed out - correctly - that the State Committee would have to go to
court in each case to liquidate a community's legal status. He said his
Committee has not done so yet for any community.
But despite Askerov's assurances, many religious communities which have
failed to gain re-registration are vulnerable to official threats, police
raids and possible fines. The State Committee representative in
Azerbaijan's second city Gyanja [Gäncä] ordered three religious communities
which did not have legal status to close in March. One, Star of the East
Pentecostal Church, was visited by two bus loads of riot police and
ordinary police (see forthcoming F18News article).
Why so slow?
Askerov confirmed to Forum 18 that the 510 religious communities listed as
registered on the State Committee website (493 Muslim and 17 of other
faiths) are the only ones so far to have gained re-registration, although
the deadline was more than 15 months ago. He admitted that the last
community re-registered was on 8 December 2010, and that no new communities
had been registered since then.
The government's report to Parliament, the Milli Mejlis, for 2010 notes
that 814 religious communities applied for registration or re-registration
to the State Committee, the APA news agency stated on 7 March. It said 780
were Islamic and 34 of other faiths. A total of 30 applications were
rejected because the communities were harmful or their documentation was
not in order, it added.
Told that religious communities are highly frustrated by the long delay and
afraid of being raided and punished, Askerov insisted his Department is
working efficiently to process the applications. "More than 700 communities
lodged applications - we have to check them carefully and there are many
mistakes."
In June 2010 after a visit to Azerbaijan, Thomas Hammarberg, the Council of
Europe's Commissioner for Human Rights, condemned the re-registration
requirement and the difficulties for many religious communities over
re-registration. "In the Commissioner's view, the obligation for all
religious communities to re-register - if they wish to continue to legally
exist - appears to be quite superfluous and should in any event be less
cumbersome," he wrote (see F18News 1 September 2010
<http://www.forum18.org/Archive.php?article_id=1482>).
Askerov brushed aside Hammarberg's complaints, telling Forum 18 that
religious communities have not complained to the State Committee.
He pledged that a further batch of communities will be re-registered by the
end of April. The only one of these he would identify is Baku's Catholic
congregation. "They wanted to register a Centre," he told Forum 18, "but
they didn't have enough members for that." Informed that international
human rights commitments allow religious communities to choose how to
structure themselves, Askerov rejected this. "They cannot register a
Centre, but we've agreed to give the community registration."
Askerov stressed that, as a state official, he can merely implement the
law, which bans all unregistered religious activity. Islamic communities
were also targeted by a second package of 2009 restrictions on freedom of
religion or belief. Under this second package of restrictions, mosques can
only apply for registration if they are part of the state-backed Caucasian
Muslim Board (see F18News 22 July 2009
<http://www.forum18.org/Archive.php?article_id=1330>).
Appeals to European Court in Strasbourg if necessary
Askerov of the State Committee Registration Department confirmed to Forum
18 that two religious communities who applied for registration in 2009 -
the Jehovah's Witnesses and the Baku-based Cathedral of Praise Pentecostal
Church - have lodged suits in court challenging registration denials.
Sabail District Court - the local Baku court for the State Committee where
such suits are initially heard - rejected the Jehovah's Witness suit in
July 2010. Its first appeal to Baku Appeal Court was rejected on 6 January,
the Court website notes (see F18News 24 January 2011
<http://www.forum18.org/Archive.php?article_id=1531>).
On 4 March, Jehovah's Witnesses lodged a further appeal to the Supreme
Court. They told Forum 18 that they are prepared to take their case to the
European Court of Human Rights (ECtHR) in Strasbourg if what they regard as
the unjust registration denial is not overturned.
Cathedral of Praise - a congregation affiliated with the Word of Life
Church in Sweden - failed in its suit to Sabail District Court in July 2010
(see F18News 1 September 2010
<http://www.forum18.org/Archive.php?article_id=1482>). On 13 December 2010,
Judge Mirza Tagizade rejected its first appeal at Baku Appeal Court, the
Court website notes.
The Church's Pastor, Rasim Halilov, told Forum 18 it lodged a final appeal
in mid-March to the Supreme Court, which is due to hear the appeal on 14
May. He also said they would also take their case to the ECtHR in
Strasbourg if necessary.
Baptist Union head Zenchenko told Forum 18 on 6 April that it too is
planning to lodge a suit in court against the State Committee. This is both
because of the Committee's failure to register Baptist congregations, and
over what Baptists state are violations of the religious freedom guaranteed
in Azerbaijan's Constitution and its international human rights
obligations.
Other religious leaders told Forum 18 they are afraid to challenge the
State Committee in court as they believe they cannot win. They state that
this is because of the "corrupt nature of this country's courts", and their
fear of antagonising the State Committee still further.
"We don't want to have to pay such fines"
Askerov of the State Committee insisted to Forum 18 that the State
Committee wishes to resolve these cases before they reach the ECtHR in
Strasbourg. However, he gave no indication of how the State Committee might
intend to resolve them.
Forum 18 reminded Askerov that the Moldovan government has been fined three
times by the ECtHR for arbitrarily refusing legal status and punishing
unregistered religious. The three cases were the Bessarabian Orthodox
Church in 2001 (see
the True Orthodox Church in 2007 (see F18News 8 March 2007
<http://www.forum18.org/Archive.php?article_id=925>), and a Muslim
community in 2009 (see F18News 9 June 2009
<http://www.forum18.org/Archive.php?article_id=1308>).
Askerov responded: "We don't want to have to pay such fines." But again he
refused to explain why the State Committee cannot take any measures to
avoid communities needing to go to court to seek their rights.
Dialogue fails
Several religious communities - mostly Protestant - met Rabiyyat Aslanova,
Chair of the Milli Mejlis Human Rights Committee, in December 2010 to
discuss their concerns, including over denial of re-registration. Several
participants told Forum 18 that the meeting had been positive, but they say
Aslanova later backed the State Committee in what they call its "excuses"
for denying or delaying re-registration.
Referring to the many forced closures of mosques, Deputy Aslanova has
claimed to Forum 18 that "some mosques have been closed, but true believers
aren't concerned about this" (see F18News 5 April 2011
<http://www.forum18.org/Archive.php?article_id=1558>).
Deputy Aslanova insisted to Forum 18 on 5 April that she set up the meeting
to help religious communities. She said she had met State Committee Chair
Hidayat Orujev and insisted that the problem needed to be resolved. She
added that he had explained that many applications were not in order but
that the State Committee would help them.
She claimed that because she had heard nothing more from the religious
communities who attended the December 2010 meeting that they no longer had
any complaints. "I did all that I could," she told Forum 18. "I was
convinced the problem was solved." She denied that she was powerless to
help religious communities achieve their rights.(END)
For more background information see Forum 18's Azerbaijan religious freedom
survey at <http://www.forum18.org/Archive.php?article_id=1192>.
More coverage of freedom of thought, conscience and belief in Azerbaijan is
at <http://www.forum18.org/Archive.php?query=&religion=all&country=23>.
A personal commentary on the European Court of Human Rights and
conscientious objection to military service is at
<http://www.forum18.org/Archive.php?article_id=1377>).
A compilation of Organisation for Security and Co-operation in Europe
(OSCE) freedom of religion or belief commitments can be found at
<http://www.forum18.org/Archive.php?article_id=1351>.
For a personal commentary, by an Azeri Protestant, on how the international
community can help establish religious freedom in Azerbaijan, see
<http://www.forum18.org/Archive.php?article_id=482>.
A printer-friendly map of Azerbaijan is available at
<http://www.nationalgeographic.com/xpeditions/atlas/index.html?Parent=asia&Rootmap=azerba>.
(END)
© Forum 18 News Service. All rights reserved. ISSN 1504-2855
You may reproduce or quote this article provided that credit is given to
F18News http://www.forum18.org/
Past and current Forum 18 information can be found at
If you have an account
If you are a new user