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Displaced Then Discriminated Against - The Plight Of The Internally

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  • Displaced Then Discriminated Against - The Plight Of The Internally

    DISPLACED THEN DISCRIMINATED AGAINST - THE PLIGHT OF THE INTERNALLY DISPLACED POPULATION

    Media For Freedom, Nepal
    June 28 2007

    Introduction

    'We don't exist, this is not a life. We are ready to live with the
    Armenians of Karabakh and we have not forgotten our historical home
    there. But we won't see peace for at least ten years, that's why we
    want decent living conditions now.'

    -Internally displaced Azerbaijani man, Goranboy region.

    'I don't need benefits, I'd rather have my compensation and integrate
    into society here in Baku. I'd gladly lose my status as a displaced
    person. The government should stop deceiving me that I'll be able
    to return. So many people have already died since being displaced -
    and they have nothing to leave to their descendents. It's my choice
    whether to return or not.'

    -Internally displaced Azerbaijani man, Baku.

    Displacement resulting from the territorial conflicts of the former
    Soviet Union is no longer news. Except for occasional ceasefire
    violations the conflicts of the South Caucasus region passed into
    post-violence phases in the mid-1990s, although peace processes have
    yet to offer much glimmer of hope for their resolution. Yet the legacy
    of displacement remains long after the international community has
    moved on to more current crises elsewhere on the planet.

    Azerbaijan in the South Caucasus has one of the largest populations
    of internally displaced persons (IDPs) per capita of any state in the
    world.(1) Some 600,000 Azerbaijanis have lived in internal displacement
    for over a decade as a result of the territorial conflict in and around
    Nagorny Karabakh between 1991 and 1994. These are the ethnically
    Azeri residents of the former Nagorny Karabakh autonomous region,
    whose Armenian population claims independence from Azerbaijan, and
    the seven Azerbaijani provinces surrounding it, occupied since the
    early 1990s in whole or in part by Armenian forces.

    In the immediate aftermath of displacement the Azerbaijani government,
    with the assistance of international actors, provided emergency
    relief aimed at safeguarding minimum essential levels of basic
    human rights. However, in a context of protracted displacement
    Amnesty International believes that these measures are insufficient
    to guarantee the progressive fulfilment of internally displaced
    people's economic and social rights, as required by international human
    rights law. The progressive fulfilment of economic, social and other
    human rights requires the removal of a number of obstacles, such as
    limitations imposed by the internal residence registration system and
    the definition of all provisions for displaced people as 'temporary',
    currently obstructing displaced people's full participation in economic
    and social life.

    Amnesty International is calling for action to improve the human rights
    standards enjoyed by internally displaced people in Azerbaijan. The
    central concern explored in this report is that a system of practices
    which in effect discriminate against internally displaced people is
    compounding the problems posed by displacement.

    Consistent violations of the rights to freedom of movement,
    adequate housing, health care and work inhibit internally displaced
    people's capacity to exercise these and other human rights, and
    stall the development of self-reliance. Despite legal guarantees of
    displaced people's equal exercise of human rights alongside other
    Azerbaijani citizens, Amnesty International is concerned that a set
    of discriminatory practices is serving to encourage the internally
    displaced population to accept its current situation as temporary,
    pending the conclusion of a peace settlement. This restricts their
    capacity to exercise a choice between return to their original
    homes, integration or permanent resettlement in another part of the
    country under conditions that respect their human rights. This in
    turn compounds displaced people's dependence on the state and their
    vulnerability to other pressures. In the words of an Azerbaijani
    journalist the internally displaced are 'hostages to peace', who
    must wait for a peace settlement before their human rights will be
    fully respected.

    Amnesty International is publishing this report on internal
    displacement in Azerbaijan now because the reduced involvement of
    international actors has meant increased responsibility for the
    Azerbaijani state for the protection of the rights of displaced
    people. Compared to international actors states can be motivated
    by a different set of factors in dealing with protracted internal
    displacement, and this can have serious human rights implications for
    the internally displaced population concerned. National authorities'
    policies towards their internally displaced must therefore be the
    subject of careful scrutiny to assess compliance with human rights
    obligations. This is especially the case in cases of protracted
    displacement requiring more than protection of minimum essential
    levels of human rights.

    A key aspect of Azerbaijan's policy on internal displacement since
    2001 has been the re-housing of displaced people from emergency relief
    centres to more durable housing in new, purpose-built settlements
    across the country. While addressing immediate needs for improved
    housing for the displaced relocated from emergency relief camps, the
    resettlement policy has been marred by a lack of consultation with
    those being relocated, construction of settlements in economically
    unsuitable locations and insufficient infrastructure to support
    relocated communities. Urban IDPs have been relatively neglected by the
    state, and although they have more opportunities to find work in the
    urban economy, they are particularly vulnerable to housing shortages.

    Although the new settlements are superficially impressive, Amnesty
    International is concerned that they cannot be considered as adequate
    housing for those in situations of protracted displacement. The new
    settlements are often located in remote parts of Azerbaijan, have poor
    communication links and are isolated from employment opportunities
    and health and education services. Furthermore, the housing units
    provided are often of very poor quality and Amnesty International
    has received reports of dangerous incidents related to structural
    failings. As such, the new settlements do not respect the right to
    adequate housing of IDPs and frustrate the efforts of displaced people
    to realise their rights to work, to health care and to an adequate
    standard of living. Azerbaijani human rights activists and internally
    displaced community leaders share these concerns, describing the new
    settlements to Amnesty International as 'open prisons' and a kind of
    'reservation system'.

    Urban IDPs have been relatively neglected in Azerbaijani state policy
    on displacement. Displaced people in the capital Baku and its suburbs
    told Amnesty International that they are ignored by the state and
    have to pay for various services they are entitled to receive for free
    under Azerbaijani law. Many eke out an existence in informal trading,
    while others work without a residence permit, forfeiting local access
    to a number of serves to which they are legally entitled, as they
    are unable to re-register.

    The displaced are also penalized by the maintenance of an internal
    registration system that ties certain rights and benefits to a fixed
    residence. As the internal registration is notoriously difficult to
    change many displaced persons are forced move in search of employment
    without a legal residence permit. Many displaced families are broken
    up as a result, as husbands and sons move to urban centres while
    wives and children remain at the household's registered residence.

    Alternatively, displaced people must pay bribes in order to change
    their registration.

    Other concerns addressed in this report include the absence of
    consultation of the displaced in decision-making processes directly
    affecting the exercise of their human rights, and different ways
    in which corruption diminishes the impact of state-run programmes
    to fulfil these rights. International human rights law confers on
    IDPs, as well as other citizens, the right to participation in public
    affairs and to be consulted in decision-making processes that have a
    direct impact on them. Amnesty International is concerned, however,
    at the absence of mechanisms allowing displaced people to fulfil these
    rights. For example, displaced people relocated to new settlements
    report not having been consulted on the location of the settlement
    in which they were re-housed. This lack of consultation amounts to a
    pattern of mass forced displacement, in violation of both the right
    to adequate housing and the right to freedom of movement and to choose
    a residence.

    Displaced people confront corruption and bribery at virtually every
    level of their interaction with official structures. This also
    applies to other Azerbaijani citizens, yet the displaced typically
    have far fewer resources to offset the demands made on them by
    corrupt officials. Official structures reportedly extort bribes
    from displaced people for a wide range of services, for example
    in the form of so-called 'processing fees' for which there is no
    legal basis; by contrast during election periods displaced people
    report being offered bribes in order to vote for pro-governmental
    candidates. Amnesty International has also received reports of
    corruption in the expenditure of funds allocated to IDP programmes,
    resulting in a vastly reduced impact in terms of fulfilling the human
    rights of their beneficiaries.

    Amnesty International does not take a position on territorial disputes,
    including that over Nagorny Karabakh. Regardless of the origins of
    the conflict or the outcome of negotiations, however, displaced people
    from both sides of this dispute, as in any other, remain entitled to
    a set of rights. These include the right to return to their original
    homes in conditions of dignity and security. They also include the
    rights to integration or resettlement elsewhere in the country.

    Given the steps taken in recent years by the Azerbaijani government
    to relocate internally displaced people out of emergency shelter,
    this report focuses on the contexts of newly constructed purpose-built
    settlements for displaced people and displaced populations in urban
    environments, principally the capital Baku.

    The information in this report was gathered on successive visits to
    Azerbaijan and research conducted in a number of different sites
    within the country. Interviews were conducted with civil society
    activists, representatives of displaced communities, state officials,
    representatives of international organizations, health professionals
    dealing with displaced populations and a wide variety of displaced
    persons. Numerous reports published by international and domestic
    humanitarian organizations and the Azerbaijani state were also
    referred to.

    1. The Nagorny Karabakh conflict

    The conflict over Nagorny Karabakh is one of several minority-majority
    conflicts contesting sovereignty between former federal units of
    the Soviet Union. Known in the Soviet Union as the Nagorno-Karabakh
    Autonomous Oblast (NKAO, with Oblast signifying an administrative
    region in Russian), Nagorny Karabakh was a region populated by a
    local Armenian majority within Soviet Azerbaijan. With the onset of
    political liberalization in the Soviet Union in the late 1980s, the
    Armenians of Nagorny Karabakh began to campaign for separation from
    Azerbaijan and union with Armenia.(2) The conflict escalated into a
    full-scale war in 1991, ending in 1994 with the de facto secession of
    Nagorny Karabakh from Azerbaijan. The Armenians of Nagorny Karabakh
    and Armenia portray this separation as the national self-determination
    struggle of a repressed minority. Azerbaijanis portray the separation
    as the result of aggressive Armenian desires to acquire territory.(3)
    A number of proposals have been put forward to resolve the conflict
    by the 'Minsk Group', a body created within the framework of the
    Organization for Security and Co-operation in Europe (OSCE) to mediate
    in the conflict, although no proposal thus far has been acceptable
    to all parties to the conflict. No state, including Armenia, has
    recognized the self-declared Nagorno-Karabakh Republic (NKR).(4)

    1.1. Mass population exchange

    A key feature of the conflict was forced population movements. During
    the course of the conflict Armenians and Azeris suffered harassment,
    mass killings, forced expulsions and the expropriation of their
    property. Statistics on numbers of refugees and the internally
    displaced vary due to post-displacement movements (including return
    in some cases to recaptured territories) and logistical difficulties
    in collating data (see textbox). Overall, it is estimated that
    over 400,000 Armenians became either refugees from Azerbaijan to
    Armenia or were internally displaced in border regions contiguous
    to Azerbaijan.(5) Over 200,000 Azeris became refugees from Armenia
    to Azerbaijan, while the number of those internally displaced in
    Azerbaijan peaked in 1993 at some 780,000. At that time the Azerbaijani
    government announced the presence of more than one million refugees
    and internally displaced persons on its territory, a figure still
    regularly cited in official Azerbaijani sources.

    According to independent experts and international organizations the
    figure today is probably considerably lower, although most sources
    agree on the unreliability of data due to the absence of regular
    surveys of the internally displaced population.

    The timing of the various waves of refugees and internally displaced in
    Azerbaijan is significant. The main influx of refugees from Armenia
    was complete by September 1990, by which time a total of 201,000
    Azeri refugees from Armenia were registered in Azerbaijan.

    The main displacement flows resulting from Armenian military control
    of Nagorny Karabakh and the regions surrounding it took place three
    years later in 1993. Having arrived first and facing no realistic
    prospect of return to Armenia, Azeri refugees from Armenia were to
    a considerable extent integrated into Azerbaijani society. Indeed
    Azeris from Armenia, known in Azerbaijan by the (for some pejorative)
    term yerazi, became one of the leading political-economic clans in
    the country, displacing other previously prominent groups.(6) Those
    subsequently displaced by the occupation of territories surrounding
    Nagorny Karabakh faced less favourable conditions for integration.

    Notes:

    (1) Internally displaced persons differ in legal terms from refugees
    in that they have not crossed an international boundary as a result
    of their displacement.

    (2) Although conflict over ownership of Nagorny Karabakh has existed
    since the early twentieth century, the current phase of the conflict
    may be dated back to 1988. For accounts of the conflict see Thomas
    de Waal, Black Garden. Armenia and Azerbaijan through peace and war
    (New York: New York University Press, 2003); Michael Croissant,
    The Armenia-Azerbaijan conflict: causes and implications (London:
    Praeger, 1998); Ali Abasov and Haroutiun Khachatrian, Karabakh
    Conflict. Variants of Settlement: Concepts and Reality, 3rd. ed.

    (Baku and Yerevan: Areat/Noyan Tapan, 2005).

    (3) These views are reflected in different strategic definitions of the
    conflict. While Azerbaijan refuses to negotiate with the Armenians of
    Nagorny Karabakh and defines the conflict as an inter-state conflict
    between itself and Armenia, the Armenians of Nagorny Karabakh define
    the conflict as one between themselves and Azerbaijan.

    (4) Different variants of the name Nagorny Karabakh are in use. Many
    sources, as well as the English language literature and insignia of the
    NKR, use the term 'Nagorno-Karabakh'. Since nagornyy ('mountainous') is
    a Russian adjective, this report uses the simplified formula 'Nagorny
    Karabakh' as one which complies with Russian linguistic norms. There is
    no difference in meaning between Nagorno-Karabakh and Nagorny Karabakh.

    (5) This figure is cited by International Crisis Group, based on data
    provided by Arif Yunusov, a leading scholar of displacement in the
    Karabakh conflict. International Crisis Group, Nagorno-Karabakh:
    Viewing the Conflict from the Ground, Europe Report No.166,
    (Tbilisi/Brussels, 2005), p.2.

    (6) Rasim Musabayov, 'The Karabakh conflict and democratization in
    Azerbaijan', in Broers, op.cit. ft.21, p.62.

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