Legal framework on freedom of religion and actual application
The Republic of Azerbaijan is constitutionally established as a secular, democratic State, emphasising the separation of religion from the State in Article 18 of the constitution[1]. This article also states that “all religions are equal before the law,” but that “the spread and propaganda [sic] of religions (religious movements) which humiliate human dignity and contradict the principles of humanism shall be prohibited”. It also establishes the secular nature of the State education system. Article 48 on freedom of conscience guarantees freedom of religion, allowing individuals to choose and practise any religion or none, individually or collectively. The right to express and disseminate beliefs about one’s approach to religion is also constitutionally guaranteed by this article. Article 48 further provides that religious rituals may be freely performed if they do not disturb public order and are not contrary to public morals, with religious faith and belief not excusing violations of the law. Finally, this article states that no one shall be forced to express their religious faith and belief, to perform religious rituals or participate in religious ceremonies. Discrimination based on religion is prohibited by Article 25.
Regarding candidacy and election as a deputy in the Milli Majlis (National Assembly) of the Republic of Azerbaijan, Article 85 excludes “religious officials” from election as deputies, but it does not define the term. According to Article 89, elected deputies may lose their mandate if they become religious officials. Despite Article 76 of the constitution providing for alternative service as a substitute for mandatory military service if this is contrary to a person’s convictions, this provision remains unimplemented.[2] The constitution, moreover, repeatedly highlights the primacy of international treaties which Azerbaijan has ratified, including the International Covenant on Civil and Political Rights (ICCPR)[3], which includes obligations relating to religious freedom.
The 2009 law “On Freedom of Religious Beliefs” provides the regulatory structure for religious practice in Azerbaijan[4]. This law requires all religious groups to register with the State Committee on Religious Associations of the Republic of Azerbaijan (SCWRA)[5], with a minimum of 50 founding members needed to form a religious organisation, called an “association”. Religious activity by unregistered religious organisations is prohibited and is subject to administrative penalties, with the law severely restricting proselytism and the distribution of religious materials or missionary activity in public spaces without permission. Muslim organisations are united under the Caucasus Muslims Board (CMB), while non-Muslim organisations can follow their own charters if they are not in conflict with Azerbaijani law. The CMB supervises the content of sermons and manages various activities of registered Islamic organisations.[6] The SCWRA also approves religious literature and ensures compliance with religious festival dates set by the CMB and can remove imams who do not adhere to these dates. While the law generally protects registered religious groups from government interference, it allows for intervention in cases of suspected extremism or illegal activities.
These measures aim to protect public order, morality and national security but have drawn criticism for potentially being overly restrictive. Furthermore, the government often employs a broad definition of "extremism", frequently using accusations of extremist activity to target political opponents and those who have criticised or dissented from its policies.[7] International bodies like the Organisation for Security and Co-operation in Europe’s Office for Democratic Institutions and Human Rights (OSCE/ODIHR) and the Council of Europe Venice Commission have expressed concerns about this trend.[8]
Azerbaijan was designated a Country of Particular Concern (CPC) by the United States Commission on International Religious Freedom in its 2024 annual report.[9] This represents a backwards step from its designation the previous year as a Special Watch List (SWL) country, the first time that Azerbaijan had been listed as such.
Incidents and developments
Azerbaijan is governed by an authoritarian regime led by Ilham Aliyev, who has served as president since 2003. The State extends its authoritarian control to religious matters, not only through the pressure it exerts on religious groups, but also through instances of alleged physical abuse, arrests and imprisonment of religious activists.[10]
Amid increased tensions with Iran following an armed attack on the Azerbaijani embassy in Tehran in January 2023, local human rights advocates reported that hundreds of Shiʻa Muslims had been detained.[11] Authorities accused several detainees of acting under Iran’s direction, with government-aligned media linking them to espionage, sabotage, or coup attempts. Many detainees, however, suggested that their arrests were due to their supporting Shiʻa clerics online, fundraising for prisoners of conscience, or joining pilgrimages to Iran.[12] The majority ultimately faced drug-related charges, which activists contended were fabricated.[13]
In January 2023, at least seven Shiʻa Muslims were taken to court for taking their children to a celebration honouring the birthday of Fatima al-Zahra, the daughter of the prophet Mohammed.[14] Four of these individuals were fined for “unlawfully engaging minors in religious ceremonies”.[15]
The Muslim Unity Movement (Müsəlman Birliyi Hərəkatı, MBH), a Shiʻa group opposing Azerbaijan’s oversight over religious practices, faced serious mistreatment from State authorities.[16] Police detained members, imposed administrative arrests, and allegedly subjected them to beatings and torture.[17] In March 2023, Mahir Azimov, a member of the MBH, was sentenced to four years in prison on charges of drug trafficking. Azimov alleged that the drugs were planted by the police.[18] In November, the same court sentenced Etibar Ismailov to nearly 10 years in prison on similar charges.[19] In February 2023, the European Court of Human Rights ordered the Azerbaijani government to pay €64,000 in compensation to eight individuals arrested during the Nardaran events in which masked security forces stormed a house belonging to the MBH.[20] The individuals were linked to the MBH and during their arrest were subjected to poor treatment, which the authorities failed to investigate.
In July 2023, a prominent Azerbaijani academic and anti-corruption campaigner, Gubad Ibadoghlu, was arrested on charges of possession of counterfeit currency and “extremist” religious materials. Ibadoghlu, who denies all charges, is now facing up to 17 years in prison.[21]
Throughout the reporting period, members of the Jehovah’s Witnesses suffered punitive measures for objecting to military conscription, including arrests and other legal repercussions.[22] In June 2023, Azerbaijan’s Supreme Court rejected an appeal by Jehovah’s Witness Seymur Mammadov against his one-year suspended sentence (it had been converted from a nine-month prison sentence) for refusing to do military service, while authorities continued denying passports and imposing exit bans on other Jehovah’s Witnesses for the same reason.[23]
The NGO, Union for the Freedom for Political Prisoners of Azerbaijan, identified 183 people as “peaceful believers” wrongfully jailed in Azerbaijan for their religious convictions or practices as of the end of 2023,[24] marking a significant increase from the previous year’s figures.[25] Most of them were arrested during the crackdown following the Iranian crisis. The number significantly increased again by the end of 2024, with the Union for the Freedom for Political Prisoners of Azerbaijan recording 233 imprisoned believers, whom they contend were unjustly accused.[26] It should be noted that the vast majority of those described as “believers” are further described as Muslim religious activists in the publications detailing their incarcerations.
Local experts and religious leaders noted that citizens and civil society remain tolerant and sometimes financially support established minority groups which they view as “traditional”, like Catholics, Jews, and Russian Orthodox Christians, while viewing newer groups like Baptists and Jehovah’s Witnesses with suspicion.[27]
In July 2023, the Secretary of State of the Holy See, Cardinal Pietro Parolin, visited Baku at the invitation of President Aliyev. The main purpose of Cardinal Parolin’s visit and his meeting with high level officials was to discuss ongoing positive relations between the Holy See and Azerbaijan.[28] Cardinal Parolin again visited Azerbaijan in 2024, as a participant in the COP29 climate conference in Baku.[29] The President’s official state website reported that Cardinal Parolin expressed gratitude for the construction of the second Catholic church in the country, and that both the president and the cardinal spoke positively about ongoing relations between the Vatican and Azerbaijan.[30]
During the reporting period, Azerbaijan also experienced one of the most significant moments in its recent history, with its total seizure of Nagorno-Karabakh (known by its ethnic Armenian inhabitants as the Republic of Artsakh) after decades of dispute. Between 1988 and 1994, Armenia and Azerbaijan were at war with each other. In 1991, Armenians in Nagorno-Karabakh declared independence, but this was never internationally recognised.
The seizure of the region by Azerbaijan has repercussions in terms of religious freedom because of the number of Armenian Christians inhabiting the area. In December 2022, Azerbaijan began a blockade of Nagorno-Karabakh and in August 2023, allegedly blocked relief efforts.[31] Azerbaijan launched a second offensive in September 2023, gaining full control of the territory. An estimated 120,000 ethnic Armenians were affected by the offensive, the majority suffering forced displacement.[32]
During the September 2023 offensive, Azerbaijani troops destroyed the second tallest metal cross in Europe,[33] 50 metres high, illuminated at night and overlooking Nagorno-Karabakh’s capital, Stepanakert (since renamed by Azerbaijan as Khankendi). At the same time, a video appeared on social media showing an Azerbaijani soldier firing at the 13th-century Charektar monastery.[34] The video was later verified by the non-profit organisation Bellingcat[35] and other Open Source Intelligence (OSINT) analysts as having been filmed at the monastery.[36]
After the takeover of Nagorno-Karabakh, and with its Christian population displaced, one of the remaining existential threats to the region is the destruction of religious monuments and sites.[37] Numerous affected sites are monitored and reported on by Caucasus Heritage Watch, part of Cornell University in the United States.[38] In November 2023, the historical Meghretsots Holy Mother of God Church[39] and two cemeteries in Shusha were damaged.[40] In April 2024, the St John the Baptist church in Shusha, once a prominent landmark in the area, was seen on satellite imagery as having been completely destroyed.[41] One month later, in May 2024, the Church of the Holy Ascension of Berdzor/Lachin was also found to having been razed to the ground.[42] A plan to build a mosque in the city is allegedly in place, with various sources claiming that it will be built on the ground of the destroyed church.[43]
In May 2023, the Chairman of the SCWRA, Mubariz Gurbanli, demanded the expulsion of Armenian clergy from the Dadivank monastery,[44] arguing that they had no historical ties to the site, despite the monastery having been founded in the ninth century.
In November 2024, Azerbaijan hosted the 29th Conference of the Parties to the UN Framework Convention on Climate Change (COP29) in Baku, promoting it as a “COP of Peace” in line with broader foreign policy goals. The World Evangelical Alliance (WEA), in collaboration with the World Council of Churches (WCC), Christian Solidarity International (CSI) and other international organisations, issued a joint statement condemning Azerbaijan’s use of COP29 to deflect scrutiny from its treatment of the ethnic-Armenian Christian population in Nagorno-Karabakh. The signatories expressed serious concern over the forced displacement of this group and ongoing human rights abuses, including the continued detention of 23 civilians, soldiers and political leaders captured during the takeover of Nagorno-Karabakh.[45]
Prospects for freedom of religion
Religious freedom in Azerbaijan is complex and not easy to define. While traditional religious groups like Catholics, Jews and Russian Orthodox Christians enjoy tolerance and relative freedom of religion, other groups face significant persecution. The latter include independent Shiʻa Groups, Salafi Muslims, members of the Muslim Unity Movement and Jehovah’s Witnesses.
Under Ilham Aliev's rule, Azerbaijan has supported a centrally controlled form of Islam, strictly overseen by the CMB. The result has been allegations of mass arrests and repression of religious groups seen as a threat to the existing state of affairs.
The most significant event of the reporting period is unquestionably Azerbaijan having taken full control of Nagorno-Karabakh, and the consequent upheaval this has meant for ethnic Armenians in the region and the threat posed to historical religious and cultural sites.
The prospects for religious freedom in Azerbaijan are negative.
Sources
Azerbaijan