A/HRC/4/21/Add.2
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48.
It was reported that two Wahabi Muslim groups were on two different occasions “chased
out” of Nakichevan by the police. The authorities in Nakichevan did not deny that these groups
were ordered to leave the province, but justified their action on the grounds that these were
foreigners with links to militant religious groups. Nevertheless, their expulsion was reportedly
not carried out in accordance with the law.
49.
Other religious communities alleged that they could not freely associate with their own
communities in Nakichevan. Those visiting the province from outside had to get permission
before joining religious ceremonies. Incidents of detention of those visiting have also been
reported.
50.
Representatives of SCWRA in Nakichevan told the Special Rapporteur that they were not
aware of the cases that had been reported to her. However, they maintained that they wanted to
keep close control of religious communities operating in the region.
C. Registration
51.
According to article 11 of the law “On freedom of faith”, in order to constitute a legal
entity, religious associations have to be registered. The registration process that was earlier
entrusted to the Ministry of Justice is now under the competence of SCWRA. In 2001, the
Government ordered a re-registration of all religious associations. The registration enables
religious communities to function as a legal entity but is not a precondition to exercise one’s
right to freedom of religion or belief.
52.
At the time of the visit there were 342 registered religious associations, of which 32 were
non-Muslims. Besides these associations, an approximate number of 1,500 religious
communities function in Azerbaijan without registration. According to the authorities, the main
reason why religious communities may have been refused registration was related to the
religious message itself.
53.
While non-Muslim groups can directly apply for registration to SCWRA, Muslim
communities have to first receive a letter of approval from CMB. According to CMB, very few
Muslim groups had not received their approval. The Special Rapporteur was told that these
exceptional cases involved security concerns although no further details were provided. There
were no details regarding the time frame in which CMB approves or rejects an application.
There were complaints that CMB simply keeps some requests for pre-registration approval
indefinitely pending.
54.
Some religious communities have faced difficulties in obtaining registration by SCWRA
for different reasons. In most cases registration was denied because the message spread by the
community was considered insulting towards other religions. The Love Baptist Church’s
registration was cancelled in court. The Church reapplied for registration many times but was
refused registration on all separate instances. Members of the Church have told the Special
Rapporteur that the head of SCWRA declared that he was personally opposed to this registration.