A/HRC/4/21/Add.2
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78.
A number of women associated with an NGO met the Special Rapporteur on the issue of
being denied the right to wear headscarves while being photographed for the national identity
cards and passports. The Special Rapporteur was told by these women that they had contested
the authorities’ decision to deny them this right and had accordingly obtained some court orders.
The court orders were not made available to the Special Rapporteur and she was unable to obtain
them from other sources. She was, however, told by the Registrar of the Supreme Court that no
such petition had reached the court to date.
VI. CONCLUSIONS
79.
The Special Rapporteur considers that Azerbaijan is a country where there is a high level
of religious tolerance and, despite an overwhelming majority of persons of the same religion,
there is real religious harmony. Moreover, although there are some instances of undue
limitations or violations, the Government generally respects freedom of religion or belief.
80.
Azerbaijan can play a leading role in building a model of its own because it has the most
valuable raw material available to achieve this purpose: the good will and accommodating
nature of its people towards spiritual beliefs.
81.
The Special Rapporteur is not in a position to make an exhaustive detailed assessment of
each reported incident regarding freedom of religion or belief in every region of the country.
However, since she was already closely following the situation in Azerbaijan, this visit has
enabled her to make an objective assessment of the situation concerning the right to freedom of
religion or belief.
82.
The most striking feature of Azerbaijan regarding issues relevant to the mandate is the
balanced attitude shown by the Azerbaijanis towards religion. The main consequence of this
attitude is an undisputable degree of tolerance of the population in general, which certainly
constitutes an essential ingredient of the freedom of religion or belief in a society.
83.
At the normative level, the Constitution contains the main guarantees of the right to
freedom of religion of belief and the secular character of the State provides a further guarantee to
this right.
84.
The corresponding legislative framework is generally in line with human rights norms
but the interpretation of certain of its provisions may raise concerns in terms of the right to
freedom of religion. Moreover, the Government has created - and in some cases re-established specific mechanisms to deal with religion-related matters. These mechanisms do not fully
respect the principles of freedom of religion, including in certain instances because of their
ignorance of these principles.
85.
The general respect for the right to freedom of religion or belief is not uniformly
observed in all regions of Azerbaijan. The Special Rapporteur has indeed noticed that, in some
cases, the concerned authorities may have blurred the thin line that distinguishes facilitation of
religious freedoms from control. In particular, certain situations related to the different aspects
of this control have resulted in actual limitations of the right to freedom of religion of religious
communities: difficulties in registration, restriction on religious literature, methods of
appointment of clergy or obstacles for non-registered religious communities.