Azerbaijan
Categories Score
The full bar chart stands for 100%, and is filled by the country category score. The colour display uses the traffic light palette, with Green representing a score closer to 100% and Red a score closer to 0%.
ASYLUM
This category looks into laws that expressly include SOGISC as a qualification criteria for seeking asylum. We also take into account other legislation, policies, instruction or positive measures by state actors that are related to asylum addressing the needs and rights of LGBTI asylum seekers and refugees.
Criteria Compliance Ratio
Each pie charts stands for a category and is divided in slices by criteria. When a country complies with a criteria – fully or in some regions – the slice is coloured.
Keep in mind the criteria have different weighting factor within a category; for example, the criteria Prohibition of medical intervention without informed consent (intersex) stands for half (2.5%) of the INTERSEX BODILY INTEGRITY category weighting factor (5%). Meaning that even if a country can only comply with this specific criteria within the category (1/4 total criteria) the category scores 50%.
More information on the categories and criteria weighting factors here.
Category & Criteria Table
The table lists detailed information and insights on legislation supporting each criterion status. Please use the filters for in-depth analysis.
n/a = not applicable, meaning the criteria didn’t exist in the previous Rainbow Map edition (PROGRESSION column)
- Complies
- Applicable in some regions only
- Does not Comply
RECOMMENDATIONS
In order to improve the legal and policy situation of LGBTI people in Azerbaijan, ILGA-Europe recommend:
- Establishing an equality body with explicit mandate on SOGIESC grounds (sexual orientation, gender identity, gender expression, sex characteristics).
- Introducing policies tackling hate crime with express mention of SOGIESC (sexual orientation, gender identity, gender expression, sex characteristics) grounds.
- Introducing policies tackling hate speech with express mention of SOGIESC (sexual orientation, gender identity, gender expression, sex characteristics) grounds.
Annual Review of AZERBAIJAN
In our Annual Review of the Human Rights Situation of LGBTI People in Europe and Central Asia, we examine the advances made and provide concrete examples of on-the-ground situations at national level country-by-country in the 12 months from January to December 2023.
Read our Annual Review of Azerbaijan below for more details and stories behind the Rainbow Map. You can also download the Annual Review chapter (.pdf) covering Azerbaijan.
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In May 14, LGBTQ+ activist Ali Malikov reported on his social media that he was subjected to homophobic treatment in the “Friends” cafe located in Baku, having been told to remove a rainbow flag from his table. He filed a complaint with the police.
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QueeRadar’s 2022 hate speech monitoring report found that of the 428 media pieces analysed, 77% were hateful or biased against LGBTIQ+ people (2021: two-thirds).
In May, several politicians called for investigation and the removal of a rainbow flag, which the British Embassy raised on IDAHOBIT (see here and here). Media reporting was also biassed and hostile.
Voice of America released a brief video about LGBTIQ+ rights in Azerbaijan, which was followed by hostile articles, including video reportage by pro-government network REAL TV.
Brothers Tural and Turan, who represented Azerbaijan at the 2023 Eurovision Song Contest, were targeted by homophobic comments online.
In May, politician Tofiq Yaqublu said queer people were “sick” and “disabled”.
In August, actor and president of the Azerbaijan Cinematographers Union, Rasim Balayev said equal marriage goes “against our religion and our reason” during an interview on a popular YouTube channel.
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(See also under Education)
Hate crimes against the LGBTQI+ community continued to be a serious issue. A trans woman was tortured and murdered in July in Baku. Several other trans people were also physically assaulted this year (see here), including by the police (see here). Several gay men were attacked (see for instance here).
Two trans women were detained for ‘hooliganism’ by the police on 22 May, for making noise. To show solidarity and demand their release, seven LGBTI activists gathered outside the Baku police station on 23 May. All seven were arrested, charged with ‘minor hooliganism’ and other offences, and fined. Some of them shared that they were beaten, harassed, insulted, locked up in a very small cell and kept without food or water while in custody. The authorities and civil society did not condemn the mistreatment.
On 31 May, Christophe Lacroix, the Parliamentary Assembly of the Council of Europe (PACE) rapporteur on the rights of LGBT people, issued a statement condemning the police’s actions. On 7 June, MEPs of the European Parliament denounced the arrests and called for investigation, asking the European Commission to do the same. The EU High Representative of the Union for Foreign Affairs and Security Policy, Josep Borrell Fontelles expressed concern about the events in July.
In July, the police raided a private birthday party attended by several queer people and subjected them to forced medical examinations, physically and sexually harassed them, and threatened to out them publicly.
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ECRI recommended that Azerbaijan ban non-consensual medical interventions performed on intersex children. Civil society documented at least one case this year.
On July, video information about forced genital surgery of a 13-year-old intersex child was shared on social networks.
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ECRI recommended that Azerbaijan tackle anti-LGBTI bullying in schools.
A 17-year-old student was repeatedly harassed and verbally insulted and threatened by a peer and a teacher in Baku. In the lack of any law that would protect people from discrimination, bullying and violence based on sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC),, the police did not take action. The teenager faced verbal harassment at the police station as well. Thanks to the Ombudsperson’s intervention, the peer apologised and the teacher was reprimanded. The student may file for a civil case.
In September, after taking time off from their studies due to the persistent harassment, the same student was beaten by another pupil on their second day back to school.
The new Gender Equality university textbook, co-released by the State Committee for Family, Women and Children’s Problems includes no mention of SOGIESC.
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In March, the European Parliament adopted its report on EU-Azerbaijan relations, recommending that the government adopt firm legislation to protect LGBTI people from discrimination and violence, wrongful arrest, and police abuse.
On IDAHOBIT on 17 May, the UK Embassy raised the rainbow flag in the capital, receiving harsh public criticism.
ECRI published its sixth periodic report on Azerbaijan in June, concluding that the government had not taken any steps to protect LGBTI people from discrimination and violence and ensure their equality.
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Government-affiliated media published a number of articles undermining international agencies and their support of LGBTI people’s rights. State-controlled national television channel AzTV accused the USA of “bringing the LGBT system into politics” in one of their programmes.
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(See also under Bias-motivated Violence)
On 8 March, feminist and queer activists held the ‘8 March – We Want to Live!’ rally, again demanding that the government ensure equal rights for all without discrimination on grounds of SOGI, investigate femicides, bring perpetrators to justice, take effective measures to prevent violence and femicides, and ratify the Istanbul Convention. The police pushed and shoved several participants. The Baku Municipality said the march had no purpose.
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In June, the Minister of Education was criticised after sharing a picture on social media on Children’s Day, which featured a rainbow-coloured kite.
Following the adoption of Russia’s latest anti-LGBT propaganda law, several politicians, including from the government, said Azerbaijan should adopt a similar law.
In February, a year after the homophobic murder of LGBTQ+ activist Avaz Hafizli a documentary about his life was screened in Baku.
In March, the Turkish singer Kalben hung a trans flag during her concert in Baku.
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ECRI highlighted that trans people have very poor access to hormonal therapy and often have to resort to buying and using them in an unsafe manner, without medical supervision.
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Civil society reported that trans people faced evictions again this year.
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(See under Bias-motivated Violence)
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ECRI recommended that Azerbaijan provide for a legal gender recognition procedure on the basis of self-determination.
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Several people who wanted to participate in Eurogames 2023 in Switzerland were denied a visa by the Swiss Embassy in Baku. In November, the UN Human Rights Council reviewed Azerbaijan’s human rights records during its Universal Periodic Review (UPR), to which Queerdian, Gender Resource Center and Q Collective jointly submitted a report assessing the impact of existing legal frameworks. Nafas together with ECON presented a report too, focused on bias-motivated speech and crime, among other areas of concern.
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(See also under Bias-motivated Violence; and Freedom of Assembly)
In February, a trans woman was arrested. Methamphetamine was discovered in her possessions. She claimed that police officers had inflated the quantity of drugs. On November 15, a court convicted her, sentencing her to eight months in a men’s prison. Her lawyer declared she will appeal the case.
The full Annual Review for 2024 is available here.