CERD/C/AZE/CO/4
page 4
15.
The Committee notes with concern the State party’s explanation that despite the
legislative provisions providing for the right to effective protection and remedies, no cases
invoking the relevant provisions of the Criminal Code concerning racial discrimination have
been brought before the courts (art. 6).
The Committee requests the State party to include in its next periodic report
statistical information on prosecutions launched, and penalties imposed, in cases of
offences that relate to racial discrimination and where the relevant provisions of the
existing domestic legislation have been applied. The Committee reminds the State
party that the mere absence of complaints and legal action by victims of racial
discrimination may be largely an indication of the absence of relevant specific
legislation, a lack of awareness of the availability of legal remedies, or insufficient
will by the authorities to prosecute. It is therefore essential to provide for the
relevant provisions in national legislation and to inform the public of the availability
of all legal remedies in the field of racial discrimination.
16.
The Committee regrets the lack of information on measures taken by the State party to
enhance better understanding, respect and tolerance among different ethnic groups living in
Azerbaijan, in particular, on programmes adopted, if any, to ensure intercultural education
(art. 7).
The Committee recommends that the State party adopt measures to promote
intercultural understanding and education between ethnic groups, and provide
more detailed information on this issue in its next periodic report.
17.
The Committee, while noting the information provided by the delegation, remains of the
view that measures taken to educate the public, law enforcement officials, members of political
parties and media professionals on the provisions of the Convention could be strengthened
(art. 7).
The Committee encourages the State party to expand and strengthen existing
efforts regarding human rights education. Furthermore, particular attention
should be paid to general recommendation XIII, according to which law
enforcement officials should receive specific training to ensure that, in the
performance of their duties, they respect and protect the human rights of all
persons without distinction as to race, colour, descent or national or ethnic origin.
18.
The Committee notes the lack of sufficient information on efforts taken by the State party
to involve non-governmental organizations in the preparation of the periodic report and is
concerned about the ability of civil society organizations, including organizations working to
combat racial discrimination, to operate freely.
The Committee underlines the importance of the role of civil society in the full
implementation of the Convention and recommends to the State party that it
promote the free functioning of civil society organizations that contribute to
promoting human rights and combating racial discrimination. Furthermore,