A/HRC/4/21/Add.2
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70.
The main concern, however, remained with the members of the Juma Mosque
community who have been deprived of their place of worship in Baku. The authorities have
justified the closure of the mosque by citing necessary renovation works. Moreover, the Juma
Mosque constitutes an historical building that also has a cultural value for the State of Azerbaijan
and it was reported that after renovation the mosque would no longer serve as a place of worship
but as a museum or other cultural place. The Special Rapporteur was not informed whether the
members of the community were offered an alternative place of worship by the Government.
71.
The Special Rapporteur has also expressed concerns about reports related to the alleged
destruction of certain monuments in Djulfa, Nakichevan; a concern that had already been
conveyed to the Government of Azerbaijan by her predecessor.2 However, she was unable to
ascertain the extent to which the monuments are used in relation to the manifestation of the right
to freedom of religion or belief.
72.
Interlocutors at the official level have insisted that such allegations should be looked at
from a more global approach and proposed that an independent international inquiry be
conducted in Djulfa as well as regarding other similar incidents in the region.
G. Immigration policy
73.
Article 1 of the law “On freedom of faith” of 1992 prohibits foreigners and persons
without citizenship from conducting “religious propaganda”. To the extent that “propaganda”
refers to an element of the right to manifest one’s religion, namely the propagation of religion, it
appears that this provision provide for restrictive rights to foreigners, which may not be
compatible with international human rights law.
74.
Moreover, it was reported to the Special Rapporteur that the Government had a selective
immigration policy regarding foreign preachers. The Government generally discourages
immigration of foreign missionaries and there were reports of deportation of foreign preachers
but a selective few are tolerated or even officially permitted to preach in the country.
H. Freedom of religion or belief of persons deprived of their liberty
75.
The Special Rapporteur visited a detention centre in Baku (one colony). Out
of 990 prisoners, 23 were Orthodox Christians and the rest were Muslims. According to the
prison authorities only 20 per cent of the prison population were “active” in their practice of
religion.
76.
The Special Rapporteur interviewed a number of prisoners; they had complaints
concerning other issues, but were satisfied with the freedom of religion or belief they enjoyed in
the prison. The prison authorities were open to suggestions for further improvements.
I. Education and other issues related to freedom of religion
77.
The authorities have seriously taken up the task of introducing a curriculum in schools on
the teachings of religions. The objective of the project would be to promote the ideals of a
pluralistic society. The Education Ministry is taking the lead in this undertaking.