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Azerbaijan : IDPs still trapped in poverty and dependence / Internal Displacement Monitoring Centre. Geneva : Internal Displacement Monitoring Centre, 2008 ; Halle (Saale) : Universitäts- und Landesbibliothek Sachsen-Anhalt, 2008
Content
Internal Displacement Monitoring Centre
OVERVIEW
IDPs still trapped in poverty and dependence
CAUSES AND BACKGROUND
Causes of displacement
Internal displacement is a result of the conflict with Armenia over Nagorno-Karabakh (1988 to 1994)
Long simmering tensions between Armenians and Azerbaijanis escalated to war over the territory of Nagorno-Karabakh
Armenia maintains the mostly Armenian population living in Nagorno Karabakh has a right to self determination
Azerbaijan insists on territorial integrity as Nagorno Karabakh is within its internationally recongized borders
Hundreds of thousands were internally displaced during the war and the biggest wave of displacement occurred in 1993 when Karabakh Armenian forces displaced 450,000 to 500,000 persons
Nagorno Karabakh is under the control of separatist forces, while some of the areas surrounding it are under the control of Armenian forces
People were displaced based on their ethnicity and can be considered victims of racial discrimination
Background
Conflict with Armenia over Nagorno-Karabakh has origins in history, politics and law (2005)
Divergent national narratives, a disputed territorial boundary, an unstable security arrangement and lack of dialogue between Armenia and Azerbaijan are at the root of the conflict
Demarcation of borders during Soviet rule left Armenians discontent as Nagorno-Karabakh was declared an autonomous region in Azerbaijan
Long simmering tensions between Armenians and Azerbaijanis over Nagorno-Karabakh intensified towards the end of the Soviet era
Ethnic conflict erupted in February 1988 when Armenia consented to Nagorno-Karabakh's incorporation into Armenia, with demonstrations, strikes, displacement and political battles
Nagorno-Karabakh declared its own independence in 1992, leading to civil war between Karabakh Armenian forces and Azerbaijan
The independence claim of Nagorno-Karabakh has not been recognized by Azerbaijan, Armenia or any other state
Active hostilities ended with a ceasefire in 1994, but with no resolution to the conflict most of Nagorno-Karabakh and the surrounding territory is under effective Armenian control
Peace talks: Still no closer to an agreement (2008)
The OSCE has facilitated negotiations between Azerbaijan and Armenia on the conflict over Nagorno-Karabakh since 1992
Negotiations between Azerbaijan and Armenia are ongoing, though progress is at a standstill due to lack of political will
Main stumbling blocks are withdrawal of Armenian forces and status of Nagorno-Karabakh, Lachin corridor and Kelbajar
Some analysts predict open war between Azerbaijan and Armenia over Nagorno Karabakh in 2012
Several factors threaten peace process (2008)
Azerbaijan continues to increase its military budget and rhetoric
Peace process excludes Nagorno-Karabakh leaders and general public of Armenia and Azerbaijan
Internal public debate on conflict resolution is absent as is political opposition calling for compromise
Hostilities occur frequently on ceasefire line that is not continuously monitored by a peacekeeping force
Fires near the ceasefire line have increased mistrust between Azerbaijan and Armenia
Citizenry not prepared for compromise (2008)
Armenian and Azerbaijani public not informed on details of peace negotiations
Neither public seems ready for a compromise
Tense relations with Armenians (2008)
Government of Azerbaijan states it has received no complaints of discrimination of Armenians
The Council of Europe reports racism and harrassment against Armenians by officials, media and general public in Azerbaijan
Azeris and Karabakh Armenians have had no contact for 20 years and there are mixed feelings of return of Azeris to Karabakh
Young journalists from both regions came together in a project to increase dialogue and left with new friends and outlook
Poor living conditions in Nagorno-Karabakh (2008)
Only entry point to Nagorno-Karabakh is from Armenia
Capital city Stepanakert has largely been rebuilt, while villages remain disconnected and in ruins
Nagorno-Karabakh remains devoid of international aid and investment due to lack of resolution to conflict
Armenian General Benevolent Union reconstructed some homes in the village of Norashen in Nagorno-Karabakh, and provided animals to some who lost family members during the war
Armenians resettled to Nagorno-Karabakh after earthquake in Armenia in 1988
Political developments in Nagorno-Karabakh (2007)
Former head of security service elected president of Nagorno-Karabakh in 2007
However, there was no international recognition of the elections or the results as legitimate
Nagorno-Karabakh population voted overwhelmingly in favour of proposed constitution in a 2006 referendum
Though there were indications that some of the voters were not informed on the details of the constitution
Azerbaijanis living in Nagorno-Karabakh could not participate in the referendum
The co-chairs of the OSCE Minsk Group said the referendum interfered with peace talks between Armenia and Azerbaijan
Other causes of displacement
Risks of displacement as a result of natural disasters (2003)
Natural disasters affects civilian population in Azerbaijan, though to a far lesser extent than armed conflict
Earthquakes, landslides and floods have been the result of dam and reservoir constructions and rising level of the Caspian sea
More than 2,500 people were evacuated from their houses after a major earthquake in November 2000
POPULATION FIGURES AND PROFILE
Global figures
Total internally displaced people in the government-controlled territory: 572,531 people (April 2008)
According to government statistics, there were 572,531 internally displaced people in Azerbaijan in 2008
Most IDPs live in Baku, Fizuli, Sumgait and Barda
Internal displacement in Nagorno-Karabakh and surrounding areas (2007)
The population of Nagorno-Karabakh was approximately 185,000 in 1989 and 145,000 in 2002
There are now some 30,000 internally displaced persons in Nagorno-Karabakh, mainly of ethnic Armenian origin
The Armenian government has reportedly resettled refugees originating from Azerbaijan in Nagorno-Karabakh and surrounding areas
Disaggregated data
Need for regular monitoring and data collection using international standards (2008)
The Government is the only agency that compiles statistics on all IDPs, but there is little data on their general living standards
There is a need for updated statistics on the actual place of residence of IDPs and their current socio-economic situations
The UN Representative on the Human Rights of IDPs also noted the need for surveys on the education, nutrition, health issues and maternal and child mortality as they relate to IDPs
This information would help to identify vulnerable sections of the IDP population and better target resources
International organisations and NGOs could offer technical assistance to the government to conduct such studies
Updated statistics on IDPs according to sex and age are needed (2007)
53 per cent of displaced people are female, while 47 per cent are male (2005)
36 per cent are children, 49 per cent working age and 14 per cent are elderly
Statistics of Azeri NGO and government on children are not consistent
UN says statistics on displaced children are not collected on a regular basis
Ethnic Azeris constitute majority of the displaced population (2007)
The vast majority of IDPs are ethnic Azeri, though there are also ethnic Kurdish, Russian and Turkish IDPs
IDPs were ethnically discriminated against since they were forced to flee based on their ethnic origin
Urban locations of displaced people (2008)
Around 190,000 internally displaced people live in Baku, which has 33 per cent of the displaced population
Most IDPs still live in temporary accommodation (2008)
IDPs reside in various types of shelter, including public buildings,mud houses, new houses and railway cars
Most IDPs live in farm/earth houses, public buildings, occupied apartments and new settlements
The rest live mainly with relatives, in hostels, finnish houses
PATTERNS OF DISPLACEMENT
General
IDPs live throughout the country (2008)
IDPs live in over 1600 settlements in both urban and rural areas
At least half of IDPs live in cities, and mainly in Baku and Sumgait
Districts near the line of contact with Armenia also have a high number of IDPs
Settlement in occupied territories (2006)
OSCE concluded Armenian authorities are not resettling people involuntarily to occupied territories
Nagorno-Karabakh authorities have encouraged Armenians to settle in Lachin, Kelbajar and around Agdam
Some newcomers offered houses, but otherwise they were left to find their own shelter and furnish it themselves
Most of those living in occupied territories were displaced from main cities in Azerbaijan
The displaced are moving to find employment (2008)
Displacement has sparked further migration due to the lack of employment opportunities or poor health
Displaced men and women are labour migrants, in Azerbaijan and abroad
Additional information on labour migration of displaced persons is required
IDPs often live in areas geographically different from their former villages (2005)
Some internally displaced have moved to areas different in climate and landscape from their original place of residence
This demands adjustment to different agricultural techniques and/or employment practices
PHYSICAL SECURITY & FREEDOM OF MOVEMENT
Physical security
Surveys indicate violence against women and children prevalent (2008)
Women and girls suffer from domestic violence more than men and boys in displaced and non-displaced families
Domestic violence is a taboo subject in Azerbaijan and women are reluctant to discuss their cases to researchers
Researchers also met ignorance on the meaning of violence against women and gender-based violence
Previous surveys show domestic violence commonly accepted as traditional norm
A 2004 survey showed police and medical staff had little training on how to deal with cases of domestic violence
Landmines still pose a threat to physical security (2008)
Fizuli and Aghstafa districts are most affected by landmines
Nagorno-Karabakh is affected by landmines, explosive remnants of war and cluster submunitions
Extent of landmine problem in occupied areas is unknown
Casualties continue to be reported: in 2007, 6 people were killed and 14 were injured
Children are one of the groups most affected by landmines and ICRC has set up safe playgrounds
Azerbaijan has not acceded to Mine Ban Treaty since there is no resolution to conflict with Armenia
Azerbaijan National Agency for Mine Action (ANAMA) oversees all mine-related issues in the country
Ceasefire violations hamper security of villagers living along front line (2008)
Military clashes in Nagorno-Karabakh with multiple casualties on both sides reportedly worst in years
Gunfire exchange between Azerbaijani and Armenian forces along ceasefire line reportedly regular occurrence
Thirty soldiers died along ceasefire line in 2007; some civilians have also died
Farming of villagers interrupted by attacks; residents take precautions to shield themselves from attacks
Some resettlement villages are located close to ceasefire line, threatening physical security of residents
OSCE monitoring of ceasefire line suspended in December 2007
Freedom of movement
Residence registration system restricts citizens to one legal residence (2008)
All persons located on the territory of Azerbaijan must be registered at their place of residence
IDPs are permanently registered at their original place of residence and temporarily registered at their place of settlement
IDPs who move out of their settlements are not being registered in new areas
This prevents them from accessing official employment, social services and gaining ownership of their dwelling in the new area
The registration system is therefore limiting the freedom of movement of IDPs
The freedom of movement of IDPs was also limited upon displacement since they often did not choose their settlement location
The government is reportedly reforming legislation on internal registration to improve right to free movement and to choose residence
Discrimination
Displaced women and children are marginalised (2008)
UN highlighted discrimination of IDPs in employment, education, housing and health, especially women and girls
Displaced people are disadvantaged relative to their non-displaced neighbours (2007)
Practices are not designed to discriminate against IDPs, though they have a particularly negative impact on IDPs
In addition to having been displaced, this makes IDPs disadvantaged compared to their non-displaced neighbours
SUBSISTENCE NEEDS
Food
Nutritional status of the displaced population is poor (2006)
WFP survey in 2005 revealed that most IDP children eat three meals per day, though they are of poor nutritional quality
Government study showed that IDPs have an unhealthy diet
IDPs still rely on food assistance (2008)
About one third of IDPs are still dependent on food distributions
Almost all IDPs still receive monthly allowance from government, also known as 'bread money'
Almost all of WFP's beneficiaries are IDPs
Food assistance has gradually been phased out by international organizations
Government to feed IDPs after WFP leaves Azerbaijan in 2008 (2008)
Japan and Russia donated to WFP in Azerbaijan in 2007
WFP appealed for more donations to cover the operation until it ends in June 2008
WFP will hand over 70,000 beneficiaries to the Government of Azerbaijan
After WFP finishes its operations, the Government of Azerbaijan will provide 300,000 people with food
Water and sanitation
IDPs have inadequate access to water and sanitation (2008)
Access to clean water is still an issue in villages affected by the conflict
About three quarters of the population of Azerbaijan have access to safe water; two thirds of IDPs have access to potable water
IDPs in cities generally have better access to water than IDPs in villages
Water shortages increase tensions among residents and increase women's work
International organisations are helping to rebuild water infrastructure
Many IDPs do not have adequate sanitation where they live
Shelter and non-food items
Government closes all tent camps and resettles IDPs (2008)
As of 2008, the government had closed all tent camps for IDPs
The residents of these camps were resettled to new villages
Many IDPs still live in substandard shelter (2008)
Hundreds of thousands of IDPs still live in public buildings and makeshift housing that they do not own
Housing conditions are often rundown and overcrowded with insufficient sanitation facilities, potable water and waste disposal
Much of the housing does not offer inadequate protection from the elements
Some IDPs improved their living conditions using legal assistance
Poor housing conditions of IDPs in cities set to improve (2008)
IDPs in cities live in crowded conditions in multi-storey buildings with no heating and share toilets, showers and kitchens
To date, focus on IDPs in cities has been on renovation of housing where IDPs are living
Renovated buildings deteriorate quickly because overpopulated and waste of utilities
Government adopted additional programme in 2007 to improve living conditions of IDPs, and it includes provisions for IDPs living in cities
Measures include construction of new buildings, houses and villages with infrastructure
Not all IDPs want to be resettled from cities to new villages
Displaced children have grown and married, and continue to live with family (2008)
Displaced children have grown up and established families of their own
They are not given a house of their own and often live with the parents of the husband
Many IDPs therefore live in crowded conditions with a lack of privacy
Some new families managed to acquire empty houses
Housing and living conditions of IDPs in areas near line of contact worse than for locals (2007)
IDPs near the line of contact with Nagorno Karabakh live in settlements isolated from the rest of society
Housing and living conditions of IDPs are worse than those of their non-displaced neighbours
Many IDPs still live in crowded, makeshift housing and only a minority have property rights for their dwellings, whereas a majority of local families have property rights for their dwellings
Most IDPs do not have bathrooms, whereas half of the local residents have bathrooms
IDPs and locals access communal services on a similar level
A displaced man takes initiative to get a new house (2007)
One IDP family managed to obtain a house in a new settlement after applying to the authorities with legal assistance
Problems with location of new villages underscores need for proper consultation with IDPs (2008)
Some new settlements are located close to the ceasefire line
Other new settlements are located in remote areas far from public services
IDPs to be resettled should be involved in planning of new settlements
Government exempts IDPs from paying for certain benefits and services (2007)
IDPs are entitled to a range of government benefits and services free of charge
They include monthly cash grants, food, utilities, heating fuel, higher education and income tax deductions
These entitlements help IDPs maintain a standard of living similar to the non-displaced population
The UN Representative of the Secretary General for the Human Rights of IDPs recommends maintaining such exemptions in addition to humanitarian assistance and grant allowances
Health
Health of IDPs is worse than that of the non-displaced (2007)
The health of IDPs is worse than that of the rest of the population
IDPs living in substandard housing in rural areas are at higher risk of catching diseases
The conflict with Armenia has affected the health of more than displaced people
IDPs go to the doctor more often than non-IDPs and spend more money on health care
Surveys are needed on maternal and child mortality of IDPs
IDPs in poor health because of trauma, poor living conditions and reduced access to medical care (2008)
Health of IDPs is worse than non-displaced population due to additional stress and trauma, poor housing conditions, reduced access to health services and medicines and malnutrition
IDPs living in inadequate accommodation at higher risk of catching disease because of poor sanitary facilities and sewage, entry of rats and mice and uncollected garbage
Poor health of IDPs also due to stress they have endured after losing their homes and belongings, and being displaced
More research needed on sexually transmitted diseases and HIV among IDPs (2006)
Government has drafted a National Strategic Plan on HIV/AIDS
HIV monitoring of at-risk populations will lead to programmes to combat HIV
Data on IDPs living with HIV/AIDS unavailable
Limited data that does exist does not feed into HIV programming
Condoms not readily available free of charge at hospitals
Further research required on sexually transmitted diseases among IDP population
IDPs pay for medical care despite guarantees that it should be free (2008)
IDPs asked to make informal payments for health care, when basic services and medicines should be free of charge
The 2007 government programme for IDPs foresees activities to improve medical care for IDPs
Mental health of IDPs is still suffering (2008)
Mental health of displaced adults and children has suffered from crowded living conditions, trauma from the conflict, poverty and a bleak view of the future
The elderly, female-headed households, traumatized and mentally ill especially suffer from depression which stands in the way of their social integration and self-reliance
Surveys and needs assessments on the state of mental health of IDPs and psychological counselling are needed
Government plans to set up psychological support stations
Displaced women and children face particular health issues (2007)
Internally displaced women and girls remain in a vulnerable and marginalized situation, in particular with regard to access to education, employment, health and housing
Displaced women and men go through enormous emotional stress that can lead to mental disorders
Family violence is slightly higher in displaced families than non-displaced families
Good healthcare is unaffordable, and leads to illnesses going untreated, reproductive health not being regularly examined and school absenteeism
Illnesses of IDPs are not treated at an early stage, and this has the effect of increasing work burden for IDP women
Children suffer from worm infestation and micronutrient deficiences, as well as anaemia
Displaced girls from poor families have been subject to early marriages
Government efforts have helped displaced women and children, but further efforts are needed as overall quality of medical care remains low
Healthcare facilities need strengthening (2008)
Additional medical personnel, equipment, medicine and funds for daily costs of medical care are needed, especially in rural areas and new settlements,
International organisations are building and rehabilitating hospitals that IDPs can benefit from
Government efforts have helped IDPs, but additional attention, support and funding is needed
ACCESS TO EDUCATION
General
Quality of education for displaced children needs attention (2008)
More than a thousand educational institutions were destroyed during the conflict
Education of displaced children hampered by poverty of their families, poor condition of schools, lack of qualified of teachers and poor psychological state of children
Conditions are not much better in schools for non-displaced children
Poor living conditions negatively affect school performance of displaced children
Displaced girls sometimes held back from going to school because of distance or poverty
IDPs being housed in schools and this disrupts the educational system
Literacy rate among IDPs is the same as the general population
IDPs score higher on university entrance exams than non-IDPs
Some displaced children do not attend school (2008)
In 2006 the government reported near 100 per cent attendance in elementary and middle school, and 88 per cent attendance in high school
Some displaced adolescents work instead of attending school since their families could not afford clothing and supplies
Girls more often do not go to school than boys
IDPs receive school supplies free of charge and are exempted from paying tuition (2008)
The government provides internally displaced students with free school bags, uniforms, books and stationery as well as free tuition for higher education
Some parents report that they have to pay for textbooks and clothing to send their children to school
Over 700 schools had been built or renovated to ensure displaced children could go to school
Separate schooling is an obstacle to local integration (2008)
Some displaced children are schooled separately from resident population
Separate schooling of displaced children obstructs local integration of IDP families
However, school principals, teachers, parents and children prefer separate schools for displaced children
There is a need for reliable data on the separate education of IDPs in Azerbaijan
International experts on internal displacement and children's rights recommend mixed schooling
Schools in Nagorno Karabakh need support (2007)
Many schools in Nagorno-Karabakh were destroyed during the conflict and are badly in need of repair
The de facto government of Nagorno-Karabakh and Armenian charities have given money to rebuild schools
Stepanakert schools host half of all students in Nagorno-Karabakh
Poor state of schools has negatively affected the performance of students
Teachers need support and to update their skills
ISSUES OF SELF-RELIANCE AND PUBLIC PARTICIPATION
Self-reliance
Poverty and unemployment are common among IDPs (2008)
Poverty
About 65 per cent of displaced live below the poverty line
In 2004, 40 per cent of people in Azerbaijan were living under the poverty line
In 2008, the poverty rate had decreased to 20 per cent
Highest poverty levels were among IDPs and refugees in rural areas
Unemployment
In 2005, the government reported 20 per cent of IDPs were fully employed, while in 2008 they reported that 89 per cent of IDPs were employed
DRC found that IDPs living in border areas are more often unemployed than their non-displaced neighbours
Unemployment problems are particularly acute among IDP women
Overall national unemployment was 6.8 per cent in 2006
Lack of income opportunities is the main challenge for IDPs in rural areas
IDPs find jobs more easily in cities, but mainly in the informal sector
Unemployment is also an issue in new villages (2008)
The government maintains it has created almost 30,000 jobs in new settlements
However, the UN and Amnesty International report there are few jobs in new settlements because they are located close to the frontline, the land is infertile and public transport is absent
Residence registration is a barrier to official employment for IDPs who move (2008)
The government is keen to slow migration to cities and so IDPs who move from rural to urban areas struggle to change their residence registration, and usually only do so by paying bribes
As a result they have problems accessing employment, communal services, courts and bank loans at their new residences
They also have to return to their registered residence to receive government benefits
Data on the residence registration of IDPs does not reflect where IDPs are actually living
The government is reforming the residence registration system to improve the right to freedom of movement and choice of residence for IDPs
IDPs face difficulties accessing land and using it as a livelihood (2008)
More than a third of irrigated land is salty, leading to poor harvests, and the influx of IDPs and their animals has led to overgrazing of pasture lands
Some IDPs who move to new settlements are given land and a one-off starting up subsidy, but subsidy goes towards paying other expenses
Access to land for IDPs became a problem after land reform because they are seen as temporary residents and cannot afford to rent land
A minority of IDPs in rural areas have land plots and property, whereas the majority of the non-displaced in rural areas have land plots and property
Government allowances are main source of income for most displaced families (2008)
The majority of IDPs receive multiple forms of assistance, but they report this is not enough to cover basic expenses
While assistance helps IDPs, it has not significantly improved their financial situation
Rural IDPs seem to have become dependent on assistance as government allowances and pensions are their main sources of income; this stands in the way of their self-reliance
Business training and developing infrastructure where IDPs live could improve their financial situation
IDPs deal with poor financial situation in various ways (2008)
IDPs take out debts in order to make ends meet from relatives and/or friends, who are also sometimes IDPs and not much better off themselves
There are isolated cases of child marriage and child labour
Displaced family finances are often not prepared for medical crises
Better prospects for work in Baku (2008)
Limited income generation opportunities in rural areas push IDPs to find jobs elsewhere
But they maintain registration at their approved place of residence, rendering the residence data inaccurate
Many young displaced males have reportedly moved to cities or left the country to find jobs
Salaries in Baku are more than twice what they are in rural areas
Micro-credit is available for IDPs, but programmes are not always accessible or advantageous (2008)
The government and international humanitarian organisations have micro-credit programmes for IDPs
Some credit programmes for IDPs were unsuccessful because of high interest rates
IDPs can only secure loans from banks where their residence is registered
The UN RSG on the Human Rights of IDPs recommended that the Government improve and expand micro-credit programmes for IDPs and ensure they include women
Several barriers to local integration still exist for IDPs (2008)
Obstacles to local integration include fixation on return, separate schools, separate health facilities and perception of tension with host community
NRC argues that the settlement of IDPs in areas separate from the non-displaced population and the separation of the IDP agenda from other socio-ecomic issues is preventing IDPs from integrating where they are currently living
UNHCR states that IDPs are better integrated than refugees, but adds that some IDPs access schools and health care separate from the non-displaced population
Displaced women feel like strangers in their communities, but it is to some degree self-imposed exclusion
While there is some isolated tension between IDPs and their non-displaced neighbours, there have been some instances of marriage between the displaced and members of host community
Vulnerability of IDPs as compared to the non-displaced population still unclear (2008)
There is no agreement on the vulnerability of the displaced population relative to the non-displaced population because of lack of current and comprehensive data
Studies from the World Bank and the World Food Programme (WFP) showed IDPs were slightly better off as compared to the local population
The UN RSG on the Human Rights of IDPs concluded IDPs are not worse off than their non-displaced neighbours, except for their lack of property and adequate housing
DRC found that IDPs living in Agdam, Agjabedi, Barda, Beylagan, Dashkesen, Fizuli, Ganja and Goranboy raions are worse off compared to the local population, and that IDPs access services and experience economic challenges similarly to the local population
NRC argues that most of the needs that IDPs have are similar to the needs of the non-displaced population
There are still large differences in vulnerability even among the displaced
Public participation
The right of IDPs to vote (2008)
As citizens of Azerbaijan, IDPs can vote in elections, though their right to vote is not explicitly mentioned in national legislation, including the Law on the status of Refugees and Forcibly Displaced Persons
IDPs in Azerbaijan have had difficulties in exercising their right to vote due to problems including inaccuracies in voter lists, restrictions on the ability of candidates of opposition parties to interact with displaced communities, and language barriers
OSCE election reports refer to IDPs' electoral participation however they do not go in depth into the obstacles IDPs face in fully exercising their participation rights
IDPs will be able to vote in the 2008 Presidential elections
IDPs vote according to their former place of residence (2007)
IDPs elect members of parliament for their former places of residence
The fact that IDPs fled in various directions means election candidates have to cover great distances in order to meet with their constituents
Opposition candidates have reportedly been obstructed from campaigning in new IDP settlements or collective centres
Internally displaced are not politically active (2007)
IDPs have little opportunity to make their views and concerns known to decision-makers, and those in camps are particularly vulnerable to political manipulation
IDPs do not have a place in peace negotiations and have limited access to information on the process
While some IDP women are former public decision-makers, many IDPs are unaware of their rights and entitlements
The political activity of IDP women is limited to voting
IDP women think political work is incompatible with domestic responsibilities
Access to courts
IDPs appeal to European Court to recognize their rights (2007)
Citizens of Azerbaijan have appealed to the European Court of Human Rights on issues relating to property, private life and discrimination
The occupancy rights of a non-displaced citizen have been upheld by the European Court, and while the Azerbaijani courts have recognized these rights, they ruled that the rights are suspended until IDPs can return to their homes
DOCUMENTATION NEEDS AND CITIZENSHIP
General
IDPs face difficulty in securing documents (2008)
The documents of many IDPs were left behind or destroyed during the conflict; the archives were also destroyed
Some IDPs have faced difficulty having their documents reissued and have therefore had problems accessing services and entitlements and faced the threat of eviction, while others have managed to obtain documents with legal assistance
The lack of documents has prevented IDPs from integrating where they are currently living
Less than half of IDPs have IDP status cards, but most can access services without the card
The UN recommended that documents should be issued at the local level
Inheritance of IDP status only for children with displaced fathers (2008)
Children of IDPs only receive IDP status if their father has IDP status
This practice has been called discriminatory by local and international NGOs
Government enables IDPs to receive labour pensions (2007)
IDPs are entitled to an old-age pension as are non-displaced citizens
In the case IDPs do not have the necessary documents, the authorities should issue them a document proving their work experience and salary
A new law on labour pensions has been in effect since 2006
ISSUES OF FAMILY UNITY, IDENTITY AND CULTURE
General
Some displaced families have been separated (2007)
Lack of jobs in rural areas pushes men to cities where they look for work
Because of difficulties in registering one's residence in cities, women and children stay behind in order to receive government assistance, which they can only receive at their registered residence
Displaced families have grown over time as children have grown, married and had children of their own
But new families have reportedly been refused registration by local authorities, apparently because they do not want the number of families eligible for benefits to grow
Some family members were settled in different areas
Missing persons: family members still uncertain of their whereabouts (2008)
There are 4,176 people missing as a result of the conflict over Nagorno-Karabakh
Thousands of people are still without information on the whereabouts and fate of those missing
The government has made efforts to locate missing persons from Azerbaijan
The issue of missing persons continues to cause tensions between Azerbaijanis and Armenians and stands in the way of a settlement to the conflict
Solving the issue will require cooperation from all sides, including the de facto Nagorno-Karabakh authorities
IDPs have a group identity (2004)
Internally displaced identity shaped by simultaneous loss and hope
Gender roles in the family have changed since displacement (2007)
Displacement has compelled many internally displaced women to assume new or at least increased responsibilities
Men are heads of household and make most decisions
Gender divisions in family common throughout country
Some displaced persons consciously decide to have fewer children
PROPERTY ISSUES
General
IDPs have limited access to land and ownership of property (2007)
IDPs do not own land that government allocated to them
Land often infertile and/or far from current residence and IDPs lack agricultural inputs
Low home ownership among IDPs, as compared to the general population
Some IDPs are illegally occupying apartments (2008)
Some 70,000 IDPs are squatting in apartments left by ethnic Armenians and other minorities
There is a government order to prevent the eviction of IDPs from where they settled between 1992 and 1998, regardless of ownership
As a result, appeals to reclaim the occupied dwellings have been rejected by the courts
A displaced family was evicted from a school to make way for repairs, and was offered housing in a kindergarten
Some IDPs who built their own houses live without security of tenure (2008)
Some IDPs have limited enjoyment of their property rights as those who built houses near Sumgait and Baku are still without formal registration
Some IDPs in public buildings and other dwellings face eviction (2007)
Private businessmen buy buildings where internally displaced people are living in order to make way for new construction
In some cases IDPs are evicted without notice, consultation, compensation or alternative accommodation
This is despite a government decree to prevent evictions of IDPs regardless of whether they have property rights to the dwelling
Some IDPs were evicted with an offer of alternative accommodation, thanks to legal assistance
Resettlers do not own their new houses and land (2007)
IDPs who have been resettled do not have security of tenure of their new houses and land
Relatives of IDPs cannot inherit the houses and it is not clear to whom the houses belong
Property restitution mechanism still does not exist (2008)
Mechanism for property restitution has not been elaborated and so IDPs do not know how their current ownership of property will affect their right to reclaim their lost property
Only a small number of IDPs have ownership documents for previous homes and land
Returnees also face property issues (2008)
IDPs who returned to their homes in Fizuli had problems having their property rights recognised and had to repair their houses largely at their own cost
Many of those who returned, however, were not aware of their property rights
Some IDPs chose not to pursue property deeds due to high cost and bureaucratic procedures
Issuance of property deeds leads to sustainable return and reintegration and allowed the returnees to use their property as collateral for taking loans and credits
PATTERNS OF RETURN AND RESETTLEMENT
Return
IDPs are still unable to return to their homes (2008)
IDPs want to return, but the lack of a peaceful settlement to the conflict stands in the way
The UN and CoE insist they should also be allowed to permanently settle where they are currently living
The EC is ready to assist with the return of IDPs if a settlement is reached by 2013
There is a need to restore mutual confidence between Armenians and Azerbaijanis before return can begin
Many IDPs want to return to their original place of residence (2008)
Many IDPs want to return to their original place of residence, including children who have never been there
Some IDPs are concerned about living beside Armenians after they return
Almost 2,500 households think that return of IDPs should be the fourth priority of the government
Living conditions for IDPs who returned to Fizuli (2008)
Return to Fizuli was not organised by the government; some IDPs organised their own "go and see" visits
The physical security of returnees is at risk as exchanges of fire occur nearby and the area has the highest level of mine contamination
Few industries and businesses are operating and agriculture is the main source of income for most returnees
A regular water supply is also lacking as irrigation infrastructure had been destroyed during the conflict
Villages have functioning schools, though access to medical care is limited
Similar to resettlement areas, attention should be paid to jobs in the rural areas otherwise people will leave for cities
Returnees are slowly repairing their houses mostly at their own cost
Government is preparing a plan of return for IDPs (2008)
The government is finalising a plan for the "Great Return" and has the support of over 30 governments and 10 NGOs
UN Representative explained that the success of return would depend on the capacity of IDPs to return, reconstruct their houses and rebuild their lives, and that IDPs should be able to choose whether they want to return
UN Representative also recommended that property restitution mechanisms be put in place at an early stage and that IDPs be involved in the planning of return
NRC recommended that the plan of return should include consultations with returnees, dissemination of objective information on conditions in return arears, mine clearance, respect for family unit and facilitation of issuance of documents
Emphasis on return prevents realization of other durable solutions (2008)
Continued focus on return as the only feasible durable solution may delay or even prevent other durable solutions
The focus on return also promotes dependency on external assistance and upholds passivity among IDPs
Resettlement
IDPs continue to move to new settlements (2008)
Sixteen new settlements received over 60,000 IDPs by 2007
All emergency camps have been closed
Living conditions inadequate in new settlements (2008)
Some IDPs have better housing conditions in new settlements, but living conditions still inadequate
New settlements are not always equipped with community infrastructure
Some settlements are located close to ceasefire line, endangering the physical security of IDPs
IDPs were not consulted on the resettlement process or the location of settlements
IDPs do not own the homes they are given in resettlement areas
Resettled IDPs have varying opinions on new conditions (2008)
Some IDPs are happy with the new living conditions since they have more space and are closer to their original residence
Others are not content with the quality of their houses, the lack of jobs and infrastructure such as water and electricity supplies and roads, or the fact that the new settlements are close to the frontline and can hear shooting
Some IDPs chose not to resettle because of continuing hostilities near the new settlements
IDPs were not consulted on resettlement plans (2008)
IDPs would have liked to have been given an opportunity to state their opinion on resettlement
There are apparently no mechanisms for IDPs to influence decisions that will affect them
Policies made without consultation are less effective than if IDPs had been consulted
NRC recommends that the government create mechanisms for the participation of IDPs in planning national programs and policies affecting them
UN Representative also recommends that IDPs be involved in the planning of new settlements, receive information on conditions in the new settlements and that the government visit established settlements to take stock of outstanding issues
Obstacles to return and resettlement
Many factors stand in the way of return (2008)
Failure of peace negotiations, the continued presence of the occupying forces, landmines and ceasefire violations are the main obstacles to return to occupied areas and Nagorno-Karabakh
In the case of a resolution to the conflict there will be other obstacles to return including high level of destruction of homes, infrastructure and economy in villages
There is a need for information on the resources needed to reconstruct the villages
HUMANITARIAN ACCESS
General
NGO activities are constrained by domestic registration and taxation system (2008)
In Azerbaijan, NGOs are subject to a mandatory registration process and taxation
In 2003, the NGO registration procedure was simplified, but NGOs have nevertheless reported continued constraints
In 2007, a presidential decree established a council to support NGOs
NGOs complain about new legal regime regarding grants and social contributions (2003)
New "Law on Grants", in effect from January 2003, requires humanitarian organizations to pay 27 percent of employee wages to social funds
It also requires organizations to notify authorities of grants they receive
Despite some concessions made by the government, many believe that these new provisions will have an impact on projects on the ground
NATIONAL AND INTERNATIONAL RESPONSES
National response
Overview: national authorities continue to assist IDPs, but issues remain (2008)
National NGOs improve the situation of IDPs (2008)
The local NGO Praxis provides legal assistance to IDPs
Praxis has trained IDPs on their property, documents and pension rights
Praxis has also helped IDPs gain the agreement of the authorities to build a road
Government uses oil money to fund assistance to the displaced (2008)
In 2007 the government allocated $179 million from the State Oil Fund to assist IDPs and refugees
In 2006, the government allocated $100 million from the State Oil Fund to assist IDPs and refugees
In 1995, $1 million were used from the State Oil Fund to assist IDPs and refugees
Measures taken to guarantee respect for human rights (2008)
The government adopted a national action plan for the protection of human rights in 2006
The Ombudswoman of Azerbaijan received 421 complaints from IDPs in 2007 mainly about the resettlement programme, allowances and court decisions
The Ombudswoman has also engaged in awareness-raising and advocacy on behalf of IDPs
International response
Selected international, regional and non-governmental initiatives to assist IDPs (2008)
Donors are disengaging while humanitarian needs still exist (2008)
As Azerbaijan has become wealthier and emergencies have emerged elsewhere, funding for humanitarian activities has decreased
Some donors are still active, including the European Commission, United States, Canada, Germany, Sweden and the United Kingdom
The focus of humanitarian organisations has shifted from direct assistance to IDPs to broader programmes
Inflation has also increased the operating costs of humanitarian agencies
The Government has expressed a need for additional international support in technical expertise and capacity building
Legal framework and national policy
Legal framework protecting IDPs and defining their social benefits (1992-2008)
Law on refugees and IDPs was adopted in May 1999 together with a law on the social protection of IDPs and people with equivalent status
The government has passed a series of laws and adopted many resolutions and decrees to ensure the rights and protection of IDPs
Implementation of legislation should be standardized (2008)
An extensive legal framework exists to protect IDPs
IDPs nevertheless have difficulties integrating and regaining their rights
Recommendations from international institutions
Recommendations from Council of Europe and EU (2007)
In 2008 the Council of Europe's Commissioner for Human Rights recommended a more flexible registration system, better access to education and jobs for IDPs, and money for health care in IDP settlements
In 2007, the Council of Europe's European Commission against Racism and Intolerance requested the Government of Azerbaijan to improve living conditions of IDPs, assist integration of IDPs and uphold the property rights for owners, whether displaced or not
In 2006, the Council of Europe's Committee of Ministers issued recommendations to all member states on protection of internally displaced persons
The EU expressed deep concern about the poor situation of IDPs and called on ECHO to conduct an assessment of IDPs' needs
UN Treaty Bodies: conclusions and recommendations regarding IDPs (2004-2008)
The Committee for the Elimination of Discrimination Against Women noted that internally displaced women and girls are vulnerable and marginalised
The Committee on the Rights of the Child recommended displaced children are educated together with children from local communities
The Committee on the Elimination of Racial Discrimination noted discrimination of displaced persons in employment, education, housing and health and urges opportunities be equally available to all citizens
The Committee on Economic, Social and Cultural Rights encouraged Azerbaijan to ensure all disadvantaged persons, including IDPs, have access to social assistance and recommends Azerbaijan undertake measures to ensure the right of IDPs to adequate housing, food and water, health services and sanitation
Recommendations from international NGOs (2008)
The International Crisis Group urges donors to remind the Azerbaijani government for the need for progress in negotiations in its aid packages, and suggests the EU Special Representative for the South Caucasus visit IDPs
Amnesty International urges that IDPs participate in decisions affecting them, be treated equally with other citizens, have the opportunity to improve their health and adequate resources are allocated so that they can enjoy their rights
Norwegian Refugee Council recommendations upon exiting Azerbaijan (2008)
The Norwegian Refugee Council (NRC) left Azerbaijan in 2008
NRC's main recommendations on leaving were to reduce the dependency of IDPs on assistance, ensure IDPs can express their opinion on programmes affecting them, and that IDPs be treated equal to other citizens
Recommendations from local and international organizations operating in Azerbaijan (2007)
The Danish Refugee Council (DRC) made recommendations to improve employment, health and property ownership of IDPs, as well as transport links and sanitary conditions where IDPs live
Praxis made recommendations on pensions, property and women and children
Other recommendations concern living standards, infrastructure, employment, health, education and recreation, registration and documentation
Recommendations of the UN RSG on the Human Rights of IDPs (2008)
Main recommendations of the RSG concern IDPs living in cities, international support for government programmes, the need for consultation and participation of IDPs, creation of livelihoods and income-generation opportunities, mixed schooling of displaced children with non-displaced children and surveys according to international standards
References to the Guiding Principles on Internal Displacement
References to the Guiding Principles on Internal Displacement (as of July 2008)
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