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Ali Huseynov: â€œFounder of publication and NGO stopped its operation by court decision will not be able to establish a new organization in this field for 5 yearsâ€ - EXCLUSIVE

12 June 2009 18:15 (UTC +04:00)

Baku. Elbrus Seyfullayev â€“ APA. Chairman of Azerbaijani parliamentâ€™s committee of legal policy and statehood Ali Huseynov exclusively comments to APA on amendments and annexes to the laws on â€œMass mediaâ€, â€œNongovernmental organizationsâ€, â€œFreedom of religionâ€.

-Who initiated the draft law on â€œAmendments and annexes to some legislative actsâ€ that is expected to be discussed in the parliament soon?

-The documents have been presented by the committee of legal policy and statehood. This is the draft of our committee. I want to draw attention to the notion of statehood in the name of the committee.

-What documents it include?

--Here includes the amendments and annexes to the laws on â€œMass mediaâ€, â€œNongovernmental organizationsâ€, â€œFreedom of religionâ€, â€œGrantsâ€ and Administrative Code. We will present the documents to the parliament in package.

-What is the essence of the amendments and annexes proposed to the law on â€œFreedom of religionâ€?

-Amendments are proposed to two articles of the law. It is proposed to add item to Article 8 such as â€œAppointment of head of Islamic places of pilgrimage by Caucasian Muslims Office by agreement of the relevant executive powerâ€. The question is the appointment of religious figures. The relevant executive body does not interfere with the freedom of religion. The essence is the regulation. Amendment proposed to article 21 is â€œOnly persons studying in Azerbaijan and being citizens of Azerbaijan can lead Islamic ceremoniesâ€. The question is the religious education. Everyone has the right to study anywhere he wants. When we say religion ceremony, we mean the events held in the mosques and places of pilgrimage. We do not mean funerals. Tolerance existed in Azerbaijan both during Heydar Aliyevâ€™s and Ilham Aliyevâ€™s presidency. There is Baku Islamic University in country. There are four religious schools. There are splendid conditions in Azerbaijan to get Islamic education. We are living in the legal and secular state, the majority of the population are Muslims. Azerbaijani people are more educated, skilful and have monotheistic way of thinking than the people of any other Muslim country. Our people are able to reach and understand the holy book. Every Azerbaijani has a Koran in his house. Question arises: Is there a need to come to the country and teach Islam from abroad? I say all this as a citizen. The values covered in the holy religious books had been reflected in the monuments of Azerbaijani people before the Islam. There is no need to come and teach Islam from abroad. Those who think so should apply their view in their country. Maybe it can be done in the countries where there is no Islam or other religions. All through the history there had been traditional religions in our country. There is no need to teach the truth that is well known to everybody in Azerbaijan. We have enough famous scientists in this field. It means that our people always respected religious and moral values. Those who were pursued for their religious way of thinking always received asylum in Azerbaijan. This is our history and we are proud of our tolerance. We do not need anyone to teach us Islam, which we know better. Thatâ€™s why only the Azerbaijani studying in Azerbaijan can lead religious ceremonies. I think the proposed amendment will give impetus to improve Baku Islamic University. But those who received religious education abroad should not worry. Their activity is not limited. They can work in the State Committee for Religious Organization, National Academy of Sciences and other places. I repeat that the question is the religious ceremonies. In order to lead these ceremonies there is no need to study at the university of any other country for 15 years. I want to take a stance on another issue. Those who promote Islam should pay attention to the essence of this religion, remember Muslim brotherhood and realize that Muslim Azerbaijani people, whose territories have been occupied, should be supported everywhere. They should pay more attention to it. They should fulfill the commitments reflected in the Koran. I think there is no need for additional comment.

- What annexes and amendments have been proposed to the law on Non-Governmental Organizations?

- I want to speak about one of the amendments proposed to Article 12 of the law. â€œItâ€™s not allowed to establish Non-Governmental Organizations threatening the security and public order, propagating racial. Religious, national discrimination and well as insulting the spiritâ€. We respect for the freedom of assembly. However, public security and in general the maintenance of security is a priory in all countries. The essence of the law is that there is no problem for any organization to function. But the issue must be regulated. Operation without registration is inadmissible. It must be transparent. The operation of foreign organizations is a little bit different. The activities of national NGOs differ from the activities of foreign NGOs in the United States. It means there is a special law on operation of foreign legal entities there. Special procedures are considered in this work. Establish any organization in Azerbaijan and try to establish its branch in the United States. The essence of amendments proposed to our legislation is that if foreign international organizations operate in Azerbaijan there must be intergovernmental contracts regulating this process. For instance, there is such contract between the governments of Azerbaijan and the United States. We invite all unregistered international organization for registration. The amendments proposed to the law envisage that the NGOs, which want to be registered, send an inquiry to the relevant executive authority whether they check their conformity with the law. Founder of publication and NGO stopped its operation by court decision will not be able to establish a new organization in this field for 5 years. The NGOs cannot use the names of state bodies.

- Can you provide information about amendments proposed to the Administrative Code?

- For instance, if any NGO functions without registration, an administrative responsibility will be considered. A state body may go to the law regarding the prevention of the NGOâ€™s activity. Fines will be imposed for law breakers. These fines will be 800-1000 AZN for physical entities, 5000 AZN for officials, 50000 AZN for legal entities. The amendments we have proposed to the aforesaid laws will be discussed in the extraordinary meeting of Milly Majlis on June 19.