Azerbaijan: Religious reforms on the scales of criticism
Seymur Mammadov

OPINION

Azerbaijan: Religious reforms on the scales of criticism
08:01     18 December 2023    
The report by the United States International Commission on Religious Freedom for 2023 reiterates that in recent years, amendments concerning freedom of religion have been made to Azerbaijan's legislation. It is noted that the right to appoint religious leaders now falls under the jurisdiction of the State Committee for Work with Religious Structures. Issues regarding detentions "for religious reasons," problems of non-Islamic religious groups in "obtaining official registration," and the "compulsory" conscription of Jehovah's Witnesses for military service contrary to their beliefs are raised again. Firstly, it should be noted that this U.S. commission is an independent federal government commission established in the USA, and Azerbaijan has no obligation to report to it. Secondly, the commission relied on traditional and outdated sources, which could lead to incorrect interpretations of events. This questions the objectivity and completeness of their report. Thirdly, the legislative changes criticized in the report have actually received support from the Administration of Muslims of the Caucasus. This indicates internal support for the changes and refutes claims that they represent a restriction of freedom of religion. The introduced changes comply with the national Constitution and the "Law on Freedom of Religion." This demonstrates that the changes are neither arbitrary nor unlawful. Regarding the procedures for state registration of religious communities, I would like to say that the registration procedures have become simpler, representing a favorable step towards simplifying the operation of religious communities and refuting claims of bureaucratic barriers. In 2023, only Muslim communities applied to the State Committee for registration, and therefore only they were registered. This fact refutes claims of discrimination, as the lack of registration of Christian communities is not due to restrictions, but to the absence of their applications for registration. It is noted that communities with fewer than 50 members can freely perform duties arising from their faith, even without the status of a religious institution and legal entity. This demonstrates the flexibility of the system and the possibility of practicing religion regardless of registration. Regarding the issue of the minimum number of founders for community registration, this requirement is a common practice in many countries, as stated in the U.S. State Department report. According to a report from the Office of International Religious Freedom of the U.S. State Department, such practice is found in many countries worldwide, including Croatia (with about 500 people), Romania (with approximately 300 people), Serbia (with around 100 people), Greece (with about 300 people), Bosnia and Herzegovina (with approximately 30 people), and Armenia (with about 200 people). The increased importance of this issue in the case of Azerbaijan is seen as discriminatory. Unfortunately, attention is focused only on Azerbaijan, while similar practices in other countries are not subjected to the same criticism. This may indicate a biased attitude and an incomplete analysis. Christian communities not meeting the legal requirements for membership numbers were offered to merge with registered communities of the same faith. What does this say? That Azerbaijan demonstrates a willingness to find compromise solutions and support religious activity, without violating legal frameworks. Regarding the issue of military service for Jehovah's Witnesses, it is noted that according to the Constitution of the Republic of Azerbaijan, if military service contradicts the beliefs of citizens, the law allows for alternative service. However, considering cases of attempts to abuse this provision and the current geopolitical situation, the adoption of a law on alternative service is not deemed appropriate at this time. According to Article 321 of the Criminal Code, there is a provision for responsibility for evasion of military service without legal grounds, including evasion of summons or calls for mobilization. This confirms adherence to legality and the equality of all citizens before the law. Let's provide a specific example - the case of Seymour Mamedov, associated with the religious community of Jehovah's Witnesses, who was acquitted by the Appeal Court of Ganja. This fact demonstrates that the legal system of Azerbaijan operates independently and fairly, and that decisions related to religious issues are based on law, not systematic policy. It is important to note that regular discussions are held between the State Committee and the Jehovah's Witnesses community in Baku, indicating the state's openness and willingness to dialogue. By the way, the European Association of Jehovah's Witnesses has repeatedly sent letters of thanks to the State Committee, indicating their satisfaction with the interaction with the authorities. Members of the Baku community of Jehovah's Witnesses freely conduct religious meetings and use religious literature, refuting claims of existing restrictions. Thus, the report of the United States International Commission on Religious Freedom concerning Azerbaijan raises doubts about the objectivity and completeness of the analysis of the situation. The so-called facts presented in the report demonstrate a biased attitude towards Azerbaijan and do not take into account the internal support for legislative changes from the Administration of Muslims of the Caucasus. The report does not reflect the current religious situation in Azerbaijan, including positive changes in the procedures for registering religious communities and state support.
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Editor's note: Eugene Chausovsky is a senior analyst at the Newlines Institute. Chausovsky previously served as senior Eurasia analyst at the geopolitical analysis firm Stratfor for more than 10 years. His work focuses on political, economic, and security issues pertaining to Russia, Eurasia, and the Middle East.