The following information was provided to the International Lesbian and Gay Association (ILGA) by the president of the Social Union for Civil Rights, a Baku-based non-governmental organization that works with lesbians and gays in Azerbaijan, and was forwarded to the Research Directorate by ILGA on 24 May 2004:

Although lesbians and gays have always existed in Azerbaijan, the government does not acknowledge or engage in discussions on lesbian issues, although there is acknowledgement and acceptance of the situation of gays primarily as a result of pressure exerted by the Council of Europe. As a result, the situation of gays is relatively well known and this has led to both aggressive and tolerant societal attitudes towards them. However, silence on lesbian issues continues, probably because lesbians in Azerbaijan do not advocate for the protection of their rights or initiate attempts to change public opinion. For instance, if a lesbian is terminated from her employment because of her sexual orientation, she would not announce publicly the reason for her dismissal, she probably would not seek recourse and not all human rights organizations would represent her or advocate for her rights in such a case.

Further, lesbians can, for the most part, conceal their sexual orientation and thereby avoid police harassment. However, in prisons, lesbians are "subject[s] of degrading treatment by prison officials, and [while in prison] no one really protects their rights."

Generally, state protection available to lesbians is an area that is not researched in Azerbaijan. Additionally, it is difficult to assess the situation of lesbians, including the specific rights that are violated, since they do not apply for recourse.

The following information was provided in a 20 June 2004 letter to the Research Directorate by the Director of the Human Rights Center of Azerbaijan (AIHMM): Established in April 1993, the AIHMM is a non-governmental organization that monitors political and civil rights in Azerbaijan. It is a national committee of the International Helsinki Federation for Human Rights (IHF), a member correspondent of the International Federation of Human Rights (FIDH) and a network member of the World Organization Against Torture (OMCT).

According to AIHMM, female homosexuality has never been prohibited in Azeri legislation. However, there has been no discussion of legalizing homosexual or lesbian partnerships.

In Azeri society, lesbianism is not regarded as a threatening phenomenon, but as "something funny ... implanted from the West." Male homosexuality is common and many popular intellectuals are homosexuals. While they "do not deny their sexual orientation[, they] also do not advertise it." Homosexuals have places where they can meet, they "own well-known sex-symbols, websites, etc." In contrast, lesbians tend to hide their sexual orientation more carefully even if "they were never persecuted [for it]." They do not have places where they meet regularly, Websites, symbols, etc.

In the past few years, there have been no "scandalous stories [or] appeals to human rights defenders in connection [with] the harassment related to lesbianism."

AIHMM indicated that in respect of the treatment of lesbians by Azeri state authorities, the police only ill-treated prostitutes, irrespective of their sex or sexual orientation. That is because prostitution is an administrative offence punishable by a fine, and most often, prostitutes tend to bribe the police in order to avoid any publicity.

In respect of prisons, AIHMM stated that there is one prison for females in Azerbaijan called Colony #4 or Penitentiary Institution Qara Sheher, in which the open practice of lesbianism is prohibited. "In some occasions, the lesbian prisoners are punished for 'violation of prison regime' by [being put] into the punishment cell."

In respect of protection, AIHMM said that lesbians do not have any special legislative protection, although male homosexuality was decriminalized on 1 September 2000. Further, "[d]iscrimination on any basis, including sexual orientation, is punishable under Art. 154." AIHMM concludes that if a lesbian does not engage in prostitution and does not "debauch" children, she could never be criminally or administratively prosecuted and punished.

This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection.

Human Rights Center of Azerbaijan (AIHMM). 20 June 2004. Correspondence from the Director.

Social Union for Civil Rights, Baku, Azerbaijan. 24 May 2004. Correspondence from the President forwarded to the Research Directorate by the International Lesbian and Gay Association (ILGA).