| Click here for a summary of Azerbaijan’s review at the first cycle and/or the second cycle. |
30th UPR session
Date of review: 15 May 2018
Date of report adoption: 20 September 2018
Document number: A/HRC/39/14
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SUMMARY SOGIESC issues during Azerbaijan’s 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
Equality and non-discrimination
4. Joint Submission 3 (JS3) noted that there were indications that several transsexual sex workers were arrested by the police and that gay and transsexual people had been arrested in their apartments. It recommended that Azerbaijan put an end to the government supported smear campaigns against lesbian, gay, bisexual, and transgender persons and prevent their arbitrary detention.
5. Women and Modern World reported that about 150 homosexuals and transgender people were detained in Baku during police raids in mid-September 2017. More than a third of them were arrested for up to 30 days and transgender women who were engaged in sex work in the streets suffered the highest level of abuse from both law enforcement bodies and society. Gender reassignment surgeries and hormonal therapy were not available in Azerbaijan, which considerably limits transgender women’s access to employment. It recommended that Azerbaijan conduct proper investigations on police blackmailing, harassment and violence against LGBT people, duly punishing those responsible and setting up administrative and legal frameworks to eradicate such practices as well as to develop a legal and medical system, which would allow transgender people to change their bodies and legal papers in accordance with their gender identity.
Right to privacy and family life
33. According to Women and Modern World, most lesbian, gay, bisexual and transsexual persons (LGBT) live with their families because of family pressure and the social norm that a child should live with their family until marriage. Very few LGBT people tell their families about their sexual orientation or gender identity fearing being disowned or forcibly married.
Right to health
43. Women and Modern World stated that forced HIV testing enforced by law enforcement bodies was common among the key affected populations such as sex workers, injection drug users and men who have sex with men. It recommended that Azerbaijan take measures to: stop forced testing of key populations affected by HIV/AIDS; conduct public campaigns on raising awareness about HIV prevention and testing targeting the affected groups, specifically migrants, young people, sex workers and injecting drug users; and ensure free treatment for people living with HIV.
II. Excerpts on SOGIESC issues from the national report
Promotion and protection of the rights of migrant workers
187. In accordance with article 25 (3) of the Constitution, the State guarantees equality of rights and freedoms, irrespective of race, ethnicity, religion, language, sex, origin, property or official status, beliefs or membership of political parties, trade unions or other voluntary associations.
188. No restrictions may be imposed on human and civil rights and freedoms based on race, ethnicity, religion, language, sex, origin, beliefs or political or social affiliation.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
10. The Human Rights Committee expressed concern that the existing antidiscrimination legal framework did not explicitly prohibit discrimination based on sexual orientation and gender identity. It also expressed concern about discrimination and violence against persons based on their sexual orientation and gender identity. In October 2017, several United Nations experts made a statement urging Azerbaijan to act on reports of abuses, including arbitrary arrests and ill-treatment, torture and forced medical examinations of gay and transgender persons. The United Nations High Commissioner for Human Rights called for the release of anyone detained on the basis of their sexual orientation or gender identity.
IV. References to SOGIESC issues during the Working Group review
76. Canada encouraged Azerbaijan to strengthen protections for civil society, women and lesbian, gay, bisexual, transgender and intersex persons, and expressed concern about the administrative burden on NGOs.
V. Conclusions and/or recommendations
Azerbaijan noted the following recommendations:
141.16 Take the necessary measures to combat acts of violence and discrimination, such as stigmatization, against persons pertaining to the lesbian, gay, bisexual, transgender and intersex community, and encourage Azerbaijan to deepen the measures to ensure the investigation and sanctioning of those acts (Argentina);
141.17 Ensure that lesbian, gay, bisexual, transgender and intersex people are protected against all forms of discrimination and violence in both law and practice (Canada);
141.18 Adopt a comprehensive legal framework against discrimination based on sexual orientation and gender identity (Chile);
141.19 Thoroughly review its applicable legislation, in line with its international obligations and commitments, in order to eliminate and combat discrimination based on any ground, including sexual orientation and gender identity (Honduras);
141.20 Ensure that the existing anti-discrimination legal framework explicitly prohibits discrimination based on sexual orientation and gender identity (Iceland);
141.22 Incorporate the prohibition of discrimination on the grounds of sexual orientation and gender identity in the current legal framework (Mexico);
141.29 Take measures to eradicate torture, ill-treatment and arbitrary arrests in line with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In addition, strengthen public policies and education to combat discrimination and violations of the rights of the lesbian, gay, bisexual and transgender community (Costa Rica);
141.30 Protect persons from arbitrary detentions and ill-treatment that they face for any personal consideration, including their sexual orientation and gender identity, ensuring their full social integration on the same footing (Spain);
VI. Further information
You will find all documents relating to XXX’s third review at UPR-Info and OHCHR’s websites.