Unusual Laws in Azerbaijan
Azerbaijan, like many other countries, has its fair share of unusual laws. In this section, we will explore two areas where Azerbaijan’s laws have gained attention: LGBTQIA+ rights restrictions and the media regulation controversy.
LGBTQIA+ Rights Restrictions
When it comes to LGBTQIA+ rights, Azerbaijan has faced criticism for its stance on the matter. While same-sex sexual activity has been legal in Azerbaijan since 2000, the country still lacks comprehensive legal protection against discrimination based on sexual orientation and gender identity. Additionally, same-sex marriage is not recognized, and same-sex couples are not legally allowed to adopt children in Azerbaijan.
Azerbaijan has been ranked as the worst state in Europe for LGBTQIA+ rights protection, with a near total absence of legal protection for LGBTQIA+ individuals. LGBTQIA+ people in Azerbaijan face high rates of violence, harassment, and discrimination. These restrictions have drawn international attention and raised concerns about human rights in the country.
Media Regulation Controversy
Azerbaijan’s media landscape has also faced controversy due to recent regulations. In February 2021, Azerbaijani President Ilham Aliyev approved a new law on the media, which has raised concerns among independent reporters and received criticism from the West. The law places restrictions on media owners and journalists, requiring them to register with the authorities and follow new rules, including one on the “objective” interpretation of facts and events (Radio Free Europe/Radio Liberty).
This new law has had real-world consequences for journalists in Azerbaijan. For example, freelance journalist Fatima Movlamli was arrested and beaten by police in Baku for covering a protest, becoming the first reporter to fall victim to the new media legislation. The police claimed she had no right to work as a journalist because she was not included in the register created by the new media law (Radio Free Europe/Radio Liberty). These restrictions have raised concerns about press freedom and the ability of journalists to operate independently in Azerbaijan.
The new media law also affects media outlets based abroad that aim to avoid harassment. Outlets such as Meydan TV in Berlin will find it harder to operate under the new law. If not registered as media outlets in Azerbaijan, their correspondents will be unable to work there. Registered journalists also risk facilitating their repression by providing personal details to authorities (Radio Free Europe/Radio Liberty).
It is important to note that the lack of a clear definition of an “objective” interpretation of facts may serve as a pretext to jail independent or critical journalists in Azerbaijan. The restrictions imposed by the new media law apply to print, online, and broadcast entities, requiring media owners to be Azerbaijani citizens permanently residing in the country. Outlets found to have accepted foreign funds or have directors who do not meet the citizenship and education requirements could face suspension or closure.
These unusual laws and regulations in Azerbaijan have sparked debates and discussions both within the country and globally. They highlight the ongoing challenges and concerns relating to human rights, press freedom, and LGBTQIA+ rights in Azerbaijan.
Intellectual Property Laws
When it comes to intellectual property laws, Azerbaijan has specific regulations in place to protect its cultural heritage. Within this context, two notable aspects are the protection of folklore and the prevention of cultural misappropriation.
Protection of Folklore
Azerbaijan considers folklore as a new type of intellectual property, protected by law, with the exclusive rights to folklore samples belonging to the Azerbaijani people. Violating these rights carries legal responsibility. This protection ensures that the cultural expressions and traditions of Azerbaijan are safeguarded, preserving their authenticity and heritage.
Cultural Misappropriation
Unfortunately, Azerbaijan has faced challenges with cultural misappropriation, particularly from Armenia. Armenians have a history of stealing and misappropriating the non-material cultural heritage, literature, art, and folklore samples of the Azerbaijani people. This misappropriation is seen as an Armenian tradition (Intellectual Property Agency).
Armenians have attempted to Armenianize Azerbaijani eposes, proverbs, fairy tales, and folklore samples, falsely representing them as Armenian cultural property. They have also stolen and misappropriated Azerbaijani proverbs, presenting them as Armenian folklore. These stolen proverbs were published under the name of “Armenian folklore” (Intellectual Property Agency).
Armenians have engaged in intellectual trickery, plagiarism, and falsification to claim Azerbaijan’s cultural heritage as their own. They have translated Azerbaijani literary folklore and other works into Armenian transcription and spread them as ancient Armenian works in foreign languages. They have also published articles falsely claiming Armenian influence on Azerbaijan’s culture.
These instances of cultural misappropriation highlight the need for strong intellectual property laws and the protection of Azerbaijan’s rich cultural heritage. By preserving and respecting the authenticity of folklore and cultural expressions, Azerbaijan aims to safeguard its traditions and ensure their rightful place in history.
Human Rights Concerns
Azerbaijan has faced various human rights concerns, particularly in the areas of press freedom and the falsification of history. These issues have garnered attention from international human rights organizations and have been subject to criticism.
Press Freedom Challenges
Press freedom in Azerbaijan has been a matter of concern, with restrictions and limitations imposed on media outlets and journalists. A new media law was approved by Azerbaijani President Ilham Aliyev on February 8, placing restrictions on media owners and journalists. The law requires media owners and journalists to register with the authorities and follow new rules, including one on the “objective” interpretation of facts and events. The lack of a clear definition of what constitutes an objective interpretation may serve as a pretext to jail independent or critical journalists.
Journalists in Azerbaijan are required to comply with the ‘objective’ interpretation of facts as defined by the government. This restriction can be used to suppress independent or critical journalism (Radio Free Europe/Radio Liberty). The restrictions imposed by the new media law apply to print, online, and broadcast entities, and failure to comply with the requirements could result in suspension or closure of the outlets. As a result, Azerbaijan ranks low on the Press Freedom Index, currently at 167 out of 180 countries according to Reporters Without Borders (Wikipedia).
Falsification of History
Another human rights concern in Azerbaijan is the falsification of history. During the 2020 Nagorno-Karabakh Conflict, severe and grave human rights violations were committed by the Azerbaijani military against people of Armenian ethnic or national origin. These violations included extrajudicial killings, torture, and other ill-treatment, as well as the destruction of houses, schools, and other civilian facilities. Falsification of history can contribute to the erasure of certain narratives and the distortion of events, hindering the pursuit of truth and reconciliation.
It is important to address and shed light on these human rights concerns to ensure the protection of freedoms and rights for all individuals. The situation in Azerbaijan has been highlighted by international organizations such as Human Rights Watch and the United Nations Committee on the Elimination of Racial Discrimination, drawing attention to the need for improvement in upholding human rights standards.
