A/HRC/43/44/Add.1
under construction. The representative of the Penitentiary Service under the Ministry of
Justice explained that new penitentiary facilities for women and adolescents were almost
completed and the inmates would soon be moved.
118. The new prison facilities need to meet international standards to guarantee safety,
security and humane conditions for prisoners, as well as access to adequate food.
IX. Other issues that affect implementation of the right to food
A.
Disaggregated data
119. Azerbaijan has very limited data overall and no disaggregated data at all. Many
organizations, including some State agencies have raised concerns about the reliability of
official data, saying that it does not correspond with their own findings. There is a need for
transparent and updated data.
120. The lack of data is worrying and makes it difficult to assess accurately the current
state of poverty and the enjoyment of the rights to food, education and health care, and the
right to access adequate housing. Accurate figures are necessary to enable the Government
to develop a strategic response; currently, programmes are being designed around
information that may not reflect the actual situation.
121. The Government needs to provide all necessary human, technical and financial
resources for the establishment of a comprehensive system for data collection, analysis and
monitoring. The data collected should be be disaggregated by age, gender, ethnicity,
geographic region and socioeconomic background.
B.
New Law on Non-governmental Organizations
122. The major indicator of a system that is based on human rights is one that respects the
rights to freedom of association and of speech. Civil society organizations are the vehicle
for the protection and promotion of those rights. There is, of course, a need to maintain
internal peace and security for all and there may be rules and principles to govern the
activities of domestic and international NGOs, in accordance with international standards.
123. In order to support national NGOs, the Government has established a funding
mechanism to disseminate financial aid to civil society organizations that work on
economic, social and cultural rights. As of today, the Council on State Support to NGOs
has sustained over 500 projects, with a maximum grant of 10,000 manats.
124. However, there have been alarming changes in the legislation that include a series of
recent amendments (the Law On Grants, the Law on Non-governmental Organizations, the
Code of Administrative Offences, etc.) passed by the parliament, which have seriously
hindered the ability of NGOs to operate in the country.
125. The amendments, inter alia, have established heavy financial penalties to be imposed
on NGOs that conduct their activities without registered grant agreements and agreements
for giving or receiving monetary donations in cash. The new regulations require both
donors and grantees to separately obtain government approval of each grant under
consideration.
126. The Ministry of Justice and other agencies have received broad discretion to deny
NGO requests to register grants. In addition, foreign entities are required to obtain
government permission to act as a donor and register a presence in the country. They must
obtain approval for each grant they make.
127. According to national human rights defenders, the Government uses these
regulations frequently and on arbitrary grounds to deny registration to NGOs working on
human rights, accountability or similar issues. Since the adoption of these amendments to
the Law on NGOs, very few international non-governmental organizations have been able
to stay in the country
19
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