Rights of sexual minorities in Azerbaijan: sincere concern or a bargaining chip? On occasion of International Day Against Homophobia

Today marks International Day Against Homophobia, Transphobia, and Biphobia. As a multicultural state located at the crossroads of various civilizations throughout many centuries, Azerbaijan has always been home to different cultures and nations, a place where gender equality was accepted.

Homosexual activity was a criminal offence in Azerbaijan when it was a part of the Soviet Union from 1920 to 1991. A convict has been charged with up to five years in prison for consenting adults, or up to eight years if it involved force or threat. However, Azerbaijan repealed the anti-sodomy law in September 2000, nine years after regaining its independence, as it was a requirement for the country to join the Council of Europe.

Our legislation now doesn’t contain any law punishing people for their sexual orientation. It doesn’t mean that the nature of sexuality is deeply known by our society, but at least the younger generation sees Western human rights as a standard and already started to accept some rules of the Western world. Azerbaijani society is getting more and more tolerant of the LGBT community.

Considering the fact that, a large percentage of the population identifies themselves as a Muslim (about 91.2%) in Azerbaijan, the issue of homosexualism can also be viewed from the viewpoint of believers. However, Azerbaijan is a secular state, and its Constitution ensures the liberty of worship, to choose any faith, or to not practice any religion, and to express one’s view on the religion.

So, there is no discrimination based on sexual orientation, and gender identity is not banned in the country, differing from the neighbouring Islamic Republic of Iran. The sentence for the crime of being gay in some countries is rooted in the interpretation of Sharia law of Islam. Furthermore, jurisdictions of Afghanistan, Brunei, Iran, Iraq, Mauritania, Nigeria, Saudi Arabia, Somalia, UAE, and Yemen prescribe the death penalty for homosexuality. 

Even, gay people also face extrajudicial killings in Chechnya, according to some reports, though it is denied by the Chechen authorities and Russia. It should be noted that Russian security forces have been fighting against radical Islamist insurgents in the North Caucasus for years.

Same-sex sexual activity is a crime in 70 countries. Some of them, including six nations that are members of the United Nations, impose the death penalty. In 26 other countries, the maximum penalty is a prison, with terms varying anywhere from a few years to life imprisonment. 

In the run-up to the 2012 international song contest held in Baku, radical Islamists threatened the foreign guests and local residents with terror attacks due to rumours about a gay parade to be held on the sidelines of the contest. The Eurovision Song Contest caused high tensions between Iran and Azerbaijan, particularly Iranian officials and Shiite clerics objected to the event and sometimes confused the contest with a gay parade.

On the eve of the contest, the organization of Arab Mujahedin close to the Al-Qaeda terror group which functions in Central Asia and the Caucasus, spread a provocative statement, saying that in case of any gay parade in Baku on the fringes of Eurovision, "there will be bloodshed among sexual minorities on the streets of the Azerbaijani capital".

Azerbaijan took all necessary preventive measures to avert possible threats to the national interests and security of the country and its citizens. Several groups planning to carry out terrorist attacks to sow panic on religious and gender grounds were arrested in an anti-terrorist operation in May 2012.

Meanwhile, some organizations accuse Azerbaijan of discriminating against LGBT communications as a pretext to put pressure and accuse the government of violating human rights issues. Last January, the Council of Europe adopted a resolution on gay rights in Azerbaijan and the Southern Caucasus, calling for better laws and policies to protect citizens’ rights.

Some websites are being used by anti-Azerbaijani circles abroad to exaggerate issues related to homosexualism in the country, using it as a tool to oppress the Azerbaijani government. 

The US-based website LGBTQ Nation recently called on President Joseph Biden to implement Section 907 of the U.S. Freedom Support Act which limits American military aid to Azerbaijan, in order to protect LGBTQ people in the country. Section 907 has been suspended by successive U.S. administrations, as Azerbaijan supports the U.S. in countering international terrorism.

It should be noted that since 1999, more than 3,000 servicemen of the Azerbaijan Army have participated in peacekeeping operations worldwide, including in Afghanistan, Iraq and Kosovo. Over the years, Baku has increased its commitments.

Ambassador of Armenia to the Netherlands and Luxemburg, Tigran Balayan, and Eric Hacopian, who describes himself as a political consultant and analyst, shared the report of LGBTQ Nation on their Twitter accounts, posting hateful comments against Azerbaijan. 

In a response to such claims, local authorities say that the basic rights and freedoms of citizens are fully guaranteed in the country. Following quick research on social media networks, we can see that several Azerbaijani gay communities with thousands of active members are discussing scientific, artistic, and psychological topics, carrying out events and social projects, filming documentaries and calling for pride rallies.

The 61 years old resident of Baku, teacher Zaman Mamedov told Caliber.Az regarding this issue, “if we compare the situation now and let’s say in 70-s or 80-s, Azerbaijan made significant progress in this regard. I can clearly see it from the top of my life experience, being a citizen of the USSR and modern Azerbaijan. Of course, the attitude varies from Baku as a modern capital to remote mountain villages. Azerbaijan doesn’t need to compare itself with any nation, every nation has its own historical path, it simply needs to compare itself with yesterday’s self. And I clearly see improvement in this regard,” he concluded.

Orkhan Jalilov