Language Research

Constitution of the Azerbaijan Republic, adopted on November 12, 1995

Law on The State Language, adopted on December 22, 1992

Updated (August 2001)

Since August 1, 2001, the official alphabet of Azerbaijan is Latin, substituting for the Cyrillic script. Cyrillic replaced in 1939 the Arabic alphabet after several centuries. According to President Aliev this third switch in less than one century will be the last one. A decree issued months ago finally adopts such measure after parliament's approval back in 1993. All official documents, books, press and public signs must now adapt to the new official alphabet. This change has been criticized by the Russian-speaking population, who feels threatened by possible marginalization.

Updated (August 2002)

THE LAW ON MASS MEDIA

The Law of the Republic of Azerbaijan on Mass Media from July 12, 1999, Article 6 says that in the territory of the Republic the mass media use the state language. Citizens of the Republic of Azerbaijan while composing and disseminating information may use other languages that the population of the Republic of Azerbaijan speaks, as well as the languages widely spread in the world.

According to Article 14 of this law, any citizen of the Republic of Azerbaijan has the right to establish a media outlet.

On July 20, 2001 the President of the Republic of Azerbaijan issued the Decree on Establishment of the National Council on Press, TV, Radio and Internet as well as the Decree on Increasing the State Care of the Mass Media.

LAW ON THE COURTS AND JUDGES

According to Article 14 of the Law of the Republic of Azerbaijan on the Courts and Judges, restriction of the rights of persons not speaking the language of the court proceedings is inadmissible. In cases stipulated by the legislation everyone is provided with the right to use the services of a translator free of charge.

CRIMINAL PROCEDURAL CODE

According to Articles 90.7.11 and 90.7.12 of the Criminal Procedural Code of the Republic of Azerbaijan, a suspected person has the right to testify in the mother tongue and to use assistance of a translator free of charge. According to Articles 91.5.11 and 91.5.13 of the Criminal Procedural Code, defendant enjoys the same rights.

Article 11 stipulates that “on civil and economic disputes the court proceedings are conducted in the state language of the Republic (Azerbaijani) or in the language of the majority of population in this locality. For the persons, participating in the case, but not speaking the language of the court proceedings, the right to get acquainted with all the case files, make statements, give explanations and testimonies, address the court, file a petition, make complaints in mother tongue, and to use the services of translator, is provided and explained. The court documents are handed over to persons, participating in the case, in the language that the court proceeding is conducted in.”

Parties of the criminal proceeding have the similar right to select the language. This right is stipulated in Article 26 of the Criminal Procedural Code.

In accordance with the Criminal Procedural Code of the Republic of Azerbaijan, persons participating in the criminal process, particularly witnesses, victims, suspected and defendants, shall have the right to testify in mother tongue. These persons are provided with a translator, whose services are paid by the State.

EDUCATION

The language of education in the educational institutions of the Republic of Azerbaijan is Azerbaijani. According to the needs of the society and the desire of citizens and institutions, within the framework of the State standards the education can be conducted in the languages of national minorities as well, with compulsory teaching of Azerbaijani, and history, literature and geography of Azerbaijan.

In conformity with Article 6 of the Law on Education, the right to choose the language of education is provided in an appropriate order by means of establishing classes and groups and creating conditions for their functioning.

Source: State Reports, June 4, 2002, Council of Europe,

http://www.humanrights.coe.int/Minorities/Eng/FrameworkConvention/StateReports/Toc.htm

AZERBAIJANI PARLIAMENT PASSED THE LAW ON THE STATE LANGUAGE

The Milli Mezhlis passed the Law on the State Language in its third and final reading on September 30, 2002. This law stipulates that government business and correspondence must be conducted in the Azerbaijani language. This requirement might cause problems for some senior officials who do not speak Azerbaijani fluently.

The law also requires that new dictionaries will be compiled every five years and no more than one sixth of television or radio broadcasting will be in a language other than Azerbaijani.

Source: Minelres Archive, http://lists.delfi.lv/pipermail/minelres/, RFE/RL NEWSLINE Vol. 6, No. 186, Part I, October 2, 2002

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Updated (February 2003)

A NEW LAW ON THE STATE LANGUAGE BECAME VALID ON JANUARY 4, 2003

According to Azerbaijani Constitution, the law regulates legal status of the Azerbaijani language. It stipulates that knowledge of the state language is obligatory for each Azerbaijani citizen.

Office procedures in state and local self-government agencies, state organizations, political parties, NGOs, trade unions, legal entities, representations and subsidiaries must be in the state language. Correspondence with international organizations or their representations and diplomatic missions will be either in the state language or in a foreign language with an obligatory translation into Azerbaijani.

All television and radio programs in Azerbaijan must be in Azerbaijani. All television and radio anchormen and anchorwomen must have a good command of the Azerbaijani language.

Other foreign languages can be used in addition to Azerbaijani in advertising and services. Size of the signs in a foreign language on billboards cannot exceed the one in Azerbaijani.

Both imported and exported goods must have information about their origin and quality also in Azerbaijani.

The Azerbaijani language is used in law enforcement agencies, armed forces, notary offices and legal proceedings. However, other languages can be used as well in some cases clarified by the law.

Orthographic and orthoepic norms of the Azerbaijani language are approved by an executive branch, which must republish orthographic dictionaries every five years.

Juridical and physical agencies and officials must observe these norms.

The President has also issued a decree about how to apply the Law on State Language. According to the presidential decree, the Cabinet of Ministers is instructed to draft another law dealing with responsibility for violation of the State Language Law.

Source: Minelres Archive, January 8, 2003, original sender - Human Rights Center of Azerbaijan (aihmm@lycos.de), Azer H.Hasret (hasret@juhiaz.org), http://lists.delfi.lv/pipermail/minelres/2003-January/002491.html

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Updated (July 2003)

MILLI MEJLIS HAS ADOPTED AMENDMENTS TO THE LANGUAGE LAW

On June 10, 2003 the deputies of Milli Mejlis (Parliament) voted unanimously for adoption of the amendments to Article 6 of the Language Law.

According to the document submitted to the parliament by the Head of the State, announcers of all TV and radio channels established on the territory of Azerbaijan and broadcasting in the state language, must have perfect knowledge of the state language and fine articulation. Movies and broadcasts dubbed on radio and TV channels must correspond to officially established linguistic norms.

The law takes effect on the day of its adoption.

Source: Minelres Archive, June 11, 2003, by Kiamil Khamzaoglu, “525 Newspaper,” http://lists.delfi.lv/pipermail/minelres/2003-June/002797.html

NEW LANGUAGE REQUIREMENTS FOR TV AND RADIO BROADCASTING

Azerbaijan's National Council for Television and Radio adopted on June 25 the Regulations on the Use of the State Language (Azerbaijani) in Television and Radio Broadcasts.

The Council ruled that a minimum of 75 percent of all programs, announcements, and advertisements on both state-controlled and privately owned television and radio stations must be in Azerbaijani.

It also stipulated that announcers and moderators must speak fluent and well-articulated Azerbaijani.

Source: Minelres News, July 16, 2003, RFE/RL Media Matters Vol. 3, No. 24, 30 June 2003, http://lists.delfi.lv/pipermail/minelres/2003-July/002834.html

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Updated (October 2003)

AZERBAIJANI FOREIGN MINISTER RULED OUT MAKING RUSSIAN A STATE LANGUAGE

Vilayat Guliyev, the Minister of Foreign Affairs, excluded that Russian could be the second state language in Azerbaijan. He said that though they were not against the use of the Russian language in the country, granting it the state status is out of the question.

According to the Law on the State Language that came into force in April 2003, all citizens of Azerbaijan are required to know Azerbaijani.

Source: Minelres News Archive, RFE/RL NEWSLINE, 27 August 2003, http://groups.yahoo.com/group/multiethnic/message/2853

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Updated (November 2003)

LAW ON THE STATE LANGUAGE IN THE REPUBLIC OF AZERBAIJAN, SEPTEMBER 30, 2002

Article 6

6.1. All television and radio broadcasting, established and operating on the territory of the Republic of Azerbaijan, regardless of the form of ownership, is carried out in the official state language.

LAW ON MASS MEDIA, DECEMBER 7, 1999 (AS AMENDED)

Article 6. The language of the Mass Media

In the Republic of Azerbaijan the mass media use the state language.

Citizens of Azerbaijan enjoy the right to use other languages spoken in the Republic as well as foreign languages in producing and broadcasting mass information.

Article 14

Any citizen of the Republic of Azerbaijan has the right to establish a media outlet.

PRESIDENTIAL DECREE ON THE PROTECTION OF THE RIGHTS AND FREEDOMS AND ON STATE SUPPORT FOR THE PROMOTION OF THE LANGUAGES AND CULTURES OF NATIONAL MINORITIES, NUMERICALLY SMALL PEOPLES AND ETHNIC GROUPS LIVING IN THE REPUBLIC OF AZERBAIJAN, SEPTEMBER 16, 1992

The mail goal of the Decree is to maintain and develop the distinctive cultures, languages and religions of national minorities, numerically small peoples and ethnic groups living in the country.

The Decree also contains an assignment to create conditions and to adopt relevant legal measures to guarantee the rights of persons belonging to national minorities and to organize and support their cultural and religious societies.

Source: Minority-language Related Broadcasting and Legislation in the OSCE, Program in Comparative Media Law and Policy (PCMLP), Center for Socio-Legal Studies, Wolfson College, Oxford University & Institute for Information Law (IViR) (http://www.ivir.nl/index-english.html), Universiteit van Amsterdam (Study commissioned by the OSCE High Commissioner on National Minorities), April 2003, edited by T. McGonagle (IViR), B. Davis Noll & M. Price (PCMLP), http://www.ivir.nl/publications/mcgonagle/Minority-language%20broadcasting.pdf

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Updated (August 2007)

NEW BROADCASTING REGULATION

National Broadcasting Council decided to toughen regulation of local channels' broadcasting policy regarding the state language status – since 1 January 2008, all movies shown at all local channels must be broadcast in Azerbaijani (the state language) or Turkish.

As a consequence, local channels drastically increased their purchase of Turkish films, as they have no basis for proper dubbing foreign movies into the state language.

It is worth mentioning that the recent regulation is one of the toughest ones regarding films and programs in the Russian language in the whole post–Soviet territory. For instance, in Ukraine, there is a limit for programs in Russian (not more than 30 percent of the broadcasting time); and in Lithuania, no limits are put on the language of broadcasting provided with subtitles in the state language.

Source: REGNUM News Agency, August 21, 2007 http://www.regnum.ru/english/873519.html

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