National and Regional Laws and Policies
on Internal Displacement

AZERBAIJAN

Background

Conflict has persisted in Azerbaijan since 1988. The most signficant wave of displacement occurred in 1993 when between 450 000 and 500 000 ethnic Azeris were forced to flee their homes.

The Representative of the UN Secretary-General on internally displaced persons undertook a mission to Azerbaijan in May/June 1998. His mission report highlighted the tension that arises between, on the one hand, hoping for a peaceful resolution to the conflict and return and, on the other, adequately addressing the pressing needs of the displaced for a decent and dignified life. In April 2007, the Representative’s successor undertook a follow-up mission to Azerbaijan. He considered that the basic needs of the internally displaced were being addressed to a significant extent and that the main challenge was now in the creation of livelihoods.

For access to the mission reports of the Representatives, go to: http://www.ohchr.org/english/issues/idp/visits.htm

Law of the Republic of Azerbaijan ‘On status of refugees and forcibly displaced (persons displaced within the country) persons’ (May 1999)

Purpose: To create the status[1] and detail the rights of ‘forcibly displaced persons’ and ‘refugees’.

Responsibilities: ‘Appropriate executive authorities’ of the Republic of Azerbaijan are responsible for granting the status of ‘forcibly displaced person’ (Art. 9).

Content: A ‘forcibly displaced person’ is defined as a person who has been forced to leave their permanent residence in connection with military aggression, natural or technological disaster (Art. 1).

Other provisions of note include:

• entitlement to live free-of-charge in allocated places until acquiring a job or place of residence, but for no more than 3 months (Art. 6);
• loss of status (Art. 14);
• employment, including recovery of continuous length of service (Art. 16);
• 10 year interest-free loans and plots of land (Art. 17).

Law of the Azerbaijan Republic, ‘On social protection of forcibly displaced persons and persons equated to them’ (May 1999)

Purpose: To detail the social protection measures to be provided for forcibly displaced persons by the Azerbaijan Republic and associated state bodies.

Responsibilities: Responsibilities are detailed in the Decree of 8 July 1999 (see below).

Content: Article 4 details the general measures on social protection to be provided for the forcibly displaced: temporary dwelling; employment; social security; financial assistance; medical assistance; education; transport and public-municipal utilities; and tax privileges. The remainder of the Law gives substance to these rights.

Other provisions of note include:

• accommodation in administrative buildings or camps (Art. 5);
• provision of temporary land plots, loans, technical and other aid (Art. 6);
• employment in state bodies and creation of new opportunities (Art. 7);
• ‘advantageous right’ to maintain employment in the case of redundancies (Art. 7);
• free textbooks and educational accessories for secondary students (Art. 11);
• exemption from payment of housing and municipal services (Art. 13);
• tax exemptions in certain circumstances (Art. 14);
• international treaty law prevails over the current law in event of conflict (Art. 15).

Decree of the President of the Republic of Azerbaijan ‘On Social Protection of the Forcibly Displaced Persons and Persons equated with them’ (July 1999)

Purpose: To detail the institutional, legal and administrative measures needed to be taken to ensure implementation of the Law of the Azerbaijan Republic, ‘On social protection of forcibly displaced persons and persons equated to them’.

Responsibilities: The Cabinet of Ministers has the greatest responsibility for ensuring implementation of the social protection measures identified in the Law. Within 1 month of the promulgation of the Decree, the Cabinet is expected, for example, to submit proposals for bringing existing legislative acts into compliance with the Law on social protection; to approve orders for moving the displaced to approved shelter; and to approve rules and conditions for allocation of land plots (Art. 1).

Content: Article 2 of the Decree identifies the national authorities responsible for the implementation of the Law. The Cabinet of Ministers is responsible for allocation of living space and land plots, bank loans and financial assistance. The Ministry of Labor and Social Protection is responsible for employment. Other national authorities with assigned roles are the State Committee on refugees and Forcibly Displaced Persons and local executive bodies (living space, Art. 5 and transport, Art. 12); the Commission on International Humanitarian Aid (humanitarian assistance, Art. 9); Ministry of Public Health (medical assistance, Art. 10); Ministry of Education (education, Art. 11).

Decree of the President of the Azerbaijan Republic regarding the approval of the ‘State Program for the Improvement of living standards and generation of employment for refugees and IDPs’ (July 2004)

Purpose: Aware that the majority of the internally displaced wanted to return home, but recognizing that the conditions in their places of temporary residence were “difficult” and “not suitable for normal living”, the authorities developed a “State program for the improvement of living standards and generation of employment for refugees and IDPs.” The Decree indicates the President’s approval of the State Program (p. 2).

Responsibilities: The Cabinet of Ministers is responsible for taking appropriate measures to ensure the implementation of the State Program (s. 4). In turn, the State Program identifies the state and local authorities responsible for carrying out the individual actions detailed in the Program. The Republican Commission on International Humanitarian Assistance, for example, is responsible for coordinating the activities of international, local humanitarian and development organizations (Order 3.1, p. 11).

Content: The State Program for the Improvement of living standards and generation of employment for refugees and IDPs is attached to the Decree and forms the main substantive basis for the Decree. However, importantly the Decree does empower officials to prevent eviction of IDPs from public buildings, apartment, lands and other places temporarily occupied by them (s. 2) and recommends to private enterprises that they assist IDPs to find work and that institutions of higher and secondary education provide education to IDPs free of charge (s. 3).

Provisions of the State Program that are of note include:

• construction of new settlements (Orders 1.1-1.6), including for those occupying schools (Order 1.4);
• study to address temporary shelters and infrastructure improvements (Order 1.7);
• development of Repatriation Program (Order 1.9);
• mine clearing (Order 1.10) and reconstruction of irrigation systems (Order 1.11);
• employment generation programs (Part 2);
• improvement of administration and institutional arrangements (Part 3), including granting tax exemptions in certain circumstances (Order 3.3).