Ministry of Education of the Republic of Azerbaijan Baku International Multiculturalism Centre Azerbaijani Multiculturalism Textbook for Higher Education

5.5. The Constitutional and Legal Basis of Multiculturalism

The Azerbaijani model of multiculturalism became state policy after the country’s independence, as has been outlined in the preceding chapters. This model was shaped­ by historic development and gained political meaning and became government policy as a result of the national strategy developed and implemented by the National Leader of the Azerbaijani People Heydar Aliyev. This policy is continued today by President Ilham Aliyev.

The existence of ethnocultural and religious diversity and the establishment of equal relations among the different groups, as well as the preservation of cultural diversity make constitutional and legal regulation in this field essential.

The philosophy of liberalism considered to be the foundation of multiculturalism is aimed at the protection of the rights of individuals, but multiculturalism as a policy is aimed at the protection of all the groups in society. Azerbaijan has joined a number of international legal conventions and been an active participant in the process of intercultural dialogue, but now it is the organizer, even the driving force, in this process. This principle has been given special importance in the majority of normative and legal acts adopted in conformity with the international conventions.

Though the Constitution as the supreme law and other legislation do not contain any provision defining the legal status

322 of multiculturalism, there are sufficient norms on a multicultural

society in the legislation of Azerbaijan. Five articles of the Constitution of the Republic of Azerbaijan – Article 18 (Religion and state), Article 21 (Official language), Article 25 (Right to equality), Article 45 (Right to use one’s mother tongue), Article 48 (Freedom of conscience) – are the highest signs of the ethnocultural, linguistic and religious diversity existing in society. The state guarantees the protection of the rights and liberties of everyone (Article 26) and this is reflected in the Constitution as the legal basis ensuring multicultural security in the country.

Article 18 of the Constitution determines the attitude of the state towards religion. Religion is separate from the state and there is no official state religion. All religious faiths are equal before the law in Azerbaijan. According to this norm, the state treats equally all religious faiths or denominations.

Article 18 of the Constitution of the Republic of Azerbaijan creates legal grounds for many faiths to exist, which is a significant component of multiculturalism; it also determines the legal framework of the relations between the state and religion. The spread and promotion of religions that insult human dignity or contradict the principles of humanity are banned. The educational system is secular.

The law of the Republic of Azerbaijan ‘On freedom of feligion’ dated 20 August 1992, regulates the attitude of the state to different religious communities and the relationship between those communities. While the Constitution sets out the guiding legal principles, the law ‘On freedom of religion’ determines the status, rights and responsibilities of the religious institutions and regulates the legal setting for their activity.

Article 5 of the law ‘On freedom of religion’ declares that religion and religious organizations are separate from the state and determines the principle of the equality of all religious organizations before the law. No preference or restriction can

Section II

Chapter 5

323

Azerbaijani Multiculturalism

be applied to any religion (religious movement) and religious organization. The law sets out the legal right of everyone living in Azerbaijan to profess any religion individually or together and to express and spread their religious beliefs. These provisions of the law of the Republic of Azerbaijan ‘On freedom of religion’ are reflected in Article 48 of the Constitution of the Republic of Azerbaijan as the main principles:

1.