Independent Monitoring Mechanism

The competence of the Ombudsman as an independent monitoring mechanism:

According to the amendments made to the Constitutional Law on the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan on 9 June 2023, the Ombudsman implements the independent monitoring mechanism in relation to the following areas:

● Persons with disabilities (monitoring and promotion of the implementation of the CRPD); 
● Children’s rights (monitoring and promotion of the implementation of the CRC);
●Right to equality (monitoring and promotion of ensuring of the right to equality and the prevention of discrimination).

Under new Article 13-3 of the Constitutional Law, monitoring groups shall be established within the Commissioner's Office to monitor the situation of promotion, protection, and ensuring of human rights and freedoms, and to prevent violations. 

Rights of the Ombudsman and monitoring groups when implementing the independent monitoring mechanism functions:

●To conduct monitoring in state bodies, municipalities, and other institutions, to review necessary information (documents, materials) on-site and receive their copies;
●To demand necessary information (documents, materials), or their copies from state bodies, municipalities, and other institutions, and their officials, and to receive them within 5 working days;
● To document the results of the implemented monitoring;
●To provide recommendations related to the results of the monitoring to state bodies, municipalities, and other institutions, and their officials;
●To involve civil society organizations (CSOs), independent experts, and specialists in the activities of the monitoring groups.

Monitoring groups:

Based on the requirement arising from the Constitutional Law, three monitoring groups were created in 2024 within the premises of the Office by the Ombudsman’s corresponding decree:

● Independent Monitoring Group on the Monitoring and Promotion of Implementation of the CRPD;
● Independent Monitoring Group on the Monitoring and Promotion of Implementation of the CRC;
● Independent Monitoring Group on the ensuring of the right to equality and the prevention of discrimination; 

The main activity directions for the monitoring groups are:

● Conducting monitoring;
● Analyzing of regulatory frameworks;
● Public awareness;
● Undertaking analytical work;
● Preparing reports; 
● Cooperating with international and national institutions, as well as CSOs; 
● Supporting the improving of activities of the state institutions, municipalities, and other bodies;
● Supporting victims of human rights violations.

The independent monitoring mechanism and international cooperation:

Expanding international cooperation and learning good practices are identified as key activity priorities within the implementation of the functions of the independent monitoring mechanism of the Ombudsman. Hence, special attention is paid to strenghthening the Ombudsman’s collaboration with international and regional organizations it is a member of and cooperates with, as well as the application of good practices learned from ombudspersons and national human rights institutions of other countries.