A/HRC/43/44/Add.3
correctional institutions, while female convicts are held at prisons intended for women. A
new modern penitentiary complex in line with international standards is being built in Zabrat
district of Baku for juvenile and female prisoners.
30.
Once the construction of the penitentiary complex is completed, female and juvenile
prisoners will be transferred respectively to the women’s prison and to the correctional
institution within the complex. In accordance with the requirements of the legislation,
pregnant prisoners and female prisoners with children under the age of three, juvenile
convicts, as well as prisoners with illnesses and the I and II grade disabilities are provided
with improved material and living conditions, and special food norms are determined for
them.
31.
The State Statistical Committee of the Republic of Azerbaijan provides
comprehensive data system on different socio-economic issues that are also disaggregated by
age, gender, ethnicity, geographic region, and socio-economic background. The detailed
information on those data can be found on the webpage of the Committee.
24.
Paragraphs 122-127
32.
A series of amendments related to the NGOs registration were made to the Laws of
the Republic of Azerbaijan “On State Registration of Legal Entities and State Registry” and
“On Non-Governmental Organizations (Public Associations and Funds)” for the purpose of
eliminating gaps in the legislation.
33.
Thus, for the purpose of organizing state registration of legal entities at a higher level,
ensuring rule of law in the activity of legal entities, and eliminating difficulties emerging in
the application of law, the amendments were made to the Law of the Republic of Azerbaijan
“On State Registration of Legal Entities and State Registry”. These amendments cover not
only NGOs, but all types of legal entities being participants of civil law interactions. As to
the penalties mentioned in the Report of the Special Rapporteur, it should be noted that in
2019 no non-governmental organization was brought to administrative responsibility.
34.
As continuation of measures taken to improve the legislation, in recent years the
amendments were made to the Laws of the Republic of Azerbaijan “On Non-Governmental
Organizations (Public Associations and Funds)” and “On Grants”. The main purpose of these
amendments is to increase transparency in the process of utilization of grants received from
foreign sources.
35.
In the framework of the amendments, provisions aimed at aligning the activity under
NGOs’ projects with the state programmes, strengthening the national donor institutions,
directing the grants allocated by donors toward real needs, ensuring efficiency and financial
and economic expediency of projects, and eliminating repetition in the financing of projects
were added to the relevant regulatory acts.
36.
As to the notion that these amendments create hindrances, it should be noted that, on
the contrary, they resulted in the elimination of hindrances that used to exist in the legislation.
Thus, according to the previous version of the Law “On Grants”, only those legal entities
could be donors, whose main purpose according to their statute was to collect funds for
charity, or projects and programmes that may be subject to grants, and which did not aim to
make profit from their activity. Such limitations were eliminated by the amendments.
37.
The amendments in the field of NGOs legislation were prepared based on the Venice
Commission Opinion “On the compatibility with human rights standards of the legislation
on non-governmental organizations of the Republic of Azerbaijan”, adopted on 19 October
2011, and on the opinion of the Expert Council of the Council of Europe International NonGovernmental Organizations Conference (INGO Conference).
38.
It should be noted that as of 19 December 2019, 3411 non-governmental organizations
and branches and representations of 117 foreign legal entities have been state registered by
the Ministry of Justice. At the same time, at present 325 non-governmental organizations
working on human rights have been state registered by the Ministry of Justice and operate
successfully. In recent years, the Ministry of Justice has not suspended, nor closed the
functioning of any non-governmental organizations or foreign non-governmental
organizations.
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