Prostitution In Azerbaijan: Is It Legal?

Prostitution in Azerbaijan is a complex issue with legal, social, and economic dimensions. While it is illegal, with those arrested for organising or maintaining brothels facing fines and imprisonment, the country has seen an influx of sex tourism in recent years, particularly from Arab nations. This has sparked debate and controversy, with critics arguing that the government and police are complicit in allowing this trade to flourish. At the same time, there are calls for the legalisation of prostitution to protect women and curb the spread of sexually transmitted diseases. This is especially pertinent given the high gender inequality in the country, which leaves women vulnerable to exploitation, both domestically and abroad.

Sex work is punishable by a fine

Sex work is illegal in Azerbaijan. While the country has made efforts to combat human trafficking, prostitution remains a punishable offence. Those caught engaging in sex work face fines and other penalties under the law.

According to Azerbaijani law, prostitution is considered an offence against public morality. The criminal and administrative codes outline specific provisions prohibiting prostitution and other immoral activities. These laws are enforced by the police, who are authorised to intervene and take action against those involved in prostitution.

The penalties for sex work in Azerbaijan can include fines, arrest, and other legal consequences. In Baku, for example, the first point of Article 244 (maintaining a brothel) of the Criminal Codex imposes a fine of 2500 to 3500 manat (approximately USD 1470 to 2060) and/or up to 400 hours of community service for those arrested for organising or maintaining brothels. These penalties serve as a deterrent and reflect the country's stance on prostitution.

While prostitution is illegal, the issue is complex and deeply rooted in societal and economic factors. Some critics argue that criminalisation is not an effective solution, as it drives the industry underground and creates additional challenges for sex workers. Sociologist Ahmed Mansurov, for instance, suggests that society should aim to accept the existence of the sex industry and address the social problems that lead individuals to engage in sex work. He recommends increasing social programmes to promote condom use, conducting disease vector analyses, and providing social support to improve public health outcomes.

The Azerbaijani government has faced criticism for its handling of prostitution. Some allege that the police and state authorities turn a blind eye to the issue or even profit from it. There are also concerns about human trafficking, with some women being lured into prostitution under false pretences or forced into the trade due to economic desperation.

Sex workers face harassment

Prostitution is illegal in Azerbaijan, and sex workers in the country face systemic discrimination and harassment from law enforcement agencies and members of the public.

Sex workers in Azerbaijan are subject to public shaming, police intimidation, and bullying. Queer sex workers, in particular, are often targeted by police stings and are detained and arrested for solicitation by undercover police officers. They are also prime targets for extortion and blackmail.

Matan, a 19-year-old queer sex worker, shared their experience of regular public shaming and police intimidation. They also recounted an incident where they and their peers were abducted by the police, who told them to "have sex with them or give them money".

Another queer sex worker, Hayat Alisoy, experienced direct criticism and ostracization at gatherings held by the queer community. Alisoy was told that sex workers like them give the community a "bad reputation".

Sanan, a university student and sex worker, also faces constant harassment and bullying from their university's administration. They feel alienated from the broader queer community and struggle to find acceptance within it due to their profession.

Sex workers in Azerbaijan are further marginalized and barred from accessing legal, social, or psychological support due to their profession, gender identities, or orientations. They often rely on small, tight-knit support groups within their community for help in emergencies.

The situation is particularly dire for women, who are forced into sex work due to poor social and economic conditions. The Baku government's failure to improve these conditions has left many women with few options for employment and income.

The average wage in the public sector, where most women work, is between 60-80 thousand manat ($15-20) per month, which is significantly lower than the male-dominated oil sector, where the average monthly wage is 270-300 manat. Women also face discrimination in the workplace and are overrepresented in unpaid care work, making sex work a more financially viable option for some.

The legalization of prostitution is seen by some as a way to protect these women and curb the spread of sexually transmitted diseases. However, it remains illegal, and those who choose sex work as a means of survival continue to face harassment and discrimination from multiple fronts.

Sex workers are at risk of HIV

Prostitution in Azerbaijan is punishable by fines, and those arrested for organising and maintaining brothels can face up to 400 hours in detention. Despite this, prostitution is prevalent in the country, driven by the poor social and economic conditions faced by women. The Alieva Society for the Defence of Women's Rights (ASDWR) reports that in some parts of Azerbaijan, especially refugee camps, there have been reports of adolescent girls being forced into prostitution.

Sex workers in Azerbaijan are at a high risk of contracting HIV. NGOs are working to raise awareness of HIV and other sexually transmitted infections among sex workers, providing education on condom use and offering free blood tests and medical examinations.

Sex workers in Baku, for example, have access to an NGO that provides various services, including childcare, psychological support, post-natal health check-ups, free blood tests, and legal services. The staff at this NGO also advise sex workers on how to obtain identification documentation so that they can receive legal support. This is particularly important for sex workers, who are often vulnerable to harassment and other legal issues.

Despite these efforts, sex workers in Azerbaijan continue to face significant risks, including the threat of HIV infection. The country's social and economic inequalities, as well as the lack of support for women, contribute to the prevalence of prostitution and the vulnerability of sex workers.

Sex workers are vulnerable to human trafficking

Prostitution is illegal in Azerbaijan, and sex workers can be fined for their involvement in the trade. However, sex work remains prevalent in the country, with workers citing economic reasons for their involvement in the industry.

Increased Violence

The criminalization of sex work increases opportunities for violence against sex workers. Because their work is regarded as criminal activity, sex workers become easy targets for abuse and exploitation, including human trafficking. The fear of arrest means that sex workers are less likely to report instances of violence or exploitation, resulting in a climate of impunity that encourages further abuse of their rights.

Erosion of Trust

Criminalization also undermines trust in support systems, including healthcare. Fear of judgment, discrimination, lower quality of service, and legal consequences prevent many sex workers from disclosing their profession. This disrupts the relationship between healthcare professionals and sex workers, meaning that red flags for exploitation, violence, and human trafficking may go unreported.

Increased Vulnerability

Involvement with the criminal justice system creates long-lasting consequences for an individual's health and increases their vulnerability to human trafficking and other forms of exploitation. An arrest and conviction for prostitution make it harder to obtain formal employment, housing, benefits, and community support. Fines and fees associated with an arrest push individuals further into poverty, which significantly increases their vulnerability to human trafficking.

Stigma

Criminalization reinforces the stigma surrounding sex work, which marginalizes sex workers. Sex workers are subject to widespread human rights violations, including physical and sexual violence, incarceration, harassment, and discrimination in accessing healthcare and other sources of support. They are stigmatized, ignored, and actively silenced, even in advocacy spaces debating the policies that influence their lives.

Destabilizing Conditions

Economic decline, rising unemployment, and inflation can force people into sex work. In Azerbaijan, the government's failure to improve social and economic conditions for women has been cited as a reason why many have turned to prostitution. Destabilizing conditions can create vulnerable communities that are more susceptible to the different forms of marginalization that enable human trafficking.

Sex workers are often women facing poor economic conditions

Prostitution is illegal in Azerbaijan, and those arrested for its organization and maintenance can face fines or imprisonment. However, the country struggles with sex tourism and the issue of sex workers, often women, is a pressing one.

Economic decline, high unemployment, and soaring inflation have forced many women to turn to prostitution. This is especially true in refugee camps, where there have been reports of adolescent girls being driven to prostitution, their last resort for survival. The government's failure to improve social and economic conditions for women has been a contributing factor.

Women in prostitution often face enhanced marginalization and health and social inequities, including the risk of HIV and other STIs, violence, and human rights violations. They may also experience social isolation and exclusion, unsafe working conditions, stigma, and discrimination related to their work.

The Alieva Society for the Defence of Women's Rights (ASDWR) is lobbying for the legalization of prostitution as a way to protect these women and curb the spread of sexually transmitted diseases. ASDWR's chairman, Novella Dzhafarova, believes that prostitution is, to some extent, sanctioned by the authorities, and there have been accusations of police involvement in the sale of girls.

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