CERD/C/AZE/CO/4
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in their own language. The Committee also recommends to the State party that it
continue to make determined efforts to prosecute the perpetrators, and underlines
the paramount importance of prompt and impartial investigations.
12.
The Committee expresses its concern that asylum-seekers, refugees, stateless persons,
displaced persons and long-term residents residing in Azerbaijan experience discrimination in
the areas of employment, education, housing and health (art. 5).
The Committee urges the State party to continue taking necessary measures in
accordance with article 5 of the Convention to ensure equal opportunities for full
enjoyment of their economic, social and cultural rights by asylum-seekers, refugees,
stateless persons, displaced persons and long-term residents of Azerbaijan.
The Committee requests the State party to include, in its next periodic report,
information on measures taken in this regard, and draws the attention of the State
party to its general recommendation XXX on discrimination against non-citizens.
13.
The Committee observes that, while the State party generally endeavours to comply with
the standards of the Convention relating to the Status of Refugees, some asylum-seekers are
excluded by the refugee determination procedure of the State party. The Committee is
concerned that persons who are not formally recognized as refugees may still require subsidiary
forms of protection, given that they are unable to return to their countries for compelling reasons
such as existing situations of armed conflict. The Committee also expresses concern about
information on cases of refoulement of refugees (art. 5 (b)).
The Committee requests the State party to ensure that its asylum procedures do
not discriminate in purpose or effect between asylum-seekers on the basis of race,
colour or ethnic or national origin, in line with section VI of its general
recommendation XXX. The Committee recommends that the State party consider
adopting subsidiary forms of protection guaranteeing the right to remain for
persons who are not formally recognized as refugees but who may still require
protection, and to continue its cooperation with UNHCR. The Committee
further recommends that the State party, when proceeding with the return of
asylum-seekers to their countries, respect the principle of non-refoulement.
14.
While welcoming the information provided on minority groups, the Committee regrets
the insufficiency of information on the participation of these groups in the elaboration of cultural
and educational policies. It is also concerned at the lack of programmes to support minority
languages, and that those languages are not used in the educational system to an extent
commensurate to the proportion of the different ethnic communities represented in the State
party’s population (art. 5).
The Committee invites the State party to facilitate the participation of ethnic
minorities in the elaboration of cultural and educational policies. The Committee
also recommends to the State party that it take the necessary measures to create
favourable conditions that will enable persons belonging to minorities to develop
their culture, language, religion, traditions and customs, and to learn or to have
instruction in their mother tongue. The Committee invites the State party to
include in its next periodic report detailed information on this issue.