LGBT Rights In Azerbaijan
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Lesbian, gay, bisexual, and transgender (LGBT) people in Azerbaijan face significant challenges not experienced by non-
LGBTQ LGBTQ people are individuals who are lesbian, Gay men, gay, bisexual, transgender, queer, or questioning (sexuality and gender), questioning. Many variants of the initialism are used; LGBTQIA+ people incorporates intersex, Asexuality, asexual, ...
residents. Same-sex sexual activity has been legal in
Azerbaijan Azerbaijan, officially the Republic of Azerbaijan, is a Boundaries between the continents, transcontinental and landlocked country at the boundary of West Asia and Eastern Europe. It is a part of the South Caucasus region and is bounded by ...
since 1 September 2000. Nonetheless, discrimination on the basis of
sexual orientation Sexual orientation is an enduring personal pattern of romantic attraction or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. Patterns ar ...
and
gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent and consistent with the in ...
are not banned in the country and same-sex marriage is not recognized. Homosexuality remains a
taboo A taboo is a social group's ban, prohibition or avoidance of something (usually an utterance or behavior) based on the group's sense that it is excessively repulsive, offensive, sacred or allowed only for certain people.''Encyclopædia Britannica ...
subject in the Azerbaijani society, as each year since 2015, ILGA-Europe has ranked Azerbaijan as the worst state (49 out of 49) in Europe for LGBTQIA+ rights protection, citing "a near total absence of legal protection" for LGBTQIA+ individuals. In September 2017, reports emerged that at least 100 members of Baku's LGBTQIA+ community were arrested, ostensibly as part of a crackdown on prostitution. Activists reported that these detainees were subject to beatings, interrogation, forced medical examinations and blackmail. LGBTQIA+ people face high rates of violence, harassment and discrimination.


History and legality of same-sex sexual activity

After declaring independence from the
Russian Empire The Russian Empire was an empire that spanned most of northern Eurasia from its establishment in November 1721 until the proclamation of the Russian Republic in September 1917. At its height in the late 19th century, it covered about , roughl ...
in 1918, the
Azerbaijan Democratic Republic The Azerbaijan Democratic Republic (), also known as the Azerbaijan People's Republic (; ), was the first secular democracy, democratic republic in the Turkic peoples, Turkic and Muslim worlds. *Tadeusz Swietochowski. ''Russia and Azerbaijan: ...
did not have laws against homosexuality. When Azerbaijan became a part of the
Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
in 1920, it was subject to rarely enforced Soviet laws criminalizing the practice of sex between men. Despite
Vladimir Lenin Vladimir Ilyich Ulyanov ( 187021 January 1924), better known as Vladimir Lenin, was a Russian revolutionary, politician and political theorist. He was the first head of government of Soviet Russia from 1917 until Death and state funeral of ...
having decriminalized homosexuality in Soviet Russia (inexplicitly; the Tsarist legal system was abolished, thus decriminalising sodomy), sexual intercourse between men (incorrectly termed
pederasty Pederasty or paederasty () is a sexual relationship between an adult man and an adolescent boy. It was a socially acknowledged practice in Ancient Greece and Rome and elsewhere in the world, such as Pre-Meiji Japan. In most countries today, ...
in the laws, rather than the technically accurate term
sodomy Sodomy (), also called buggery in British English, principally refers to either anal sex (but occasionally also oral sex) between people, or any Human sexual activity, sexual activity between a human and another animal (Zoophilia, bestiality). I ...
) became a criminal offence in 1923 in the
Azerbaijan SSR The Azerbaijan Soviet Socialist Republic, also referred to as the Azerbaijani Soviet Socialist Republic, Azerbaijan SSR, Azerbaijani SSR, AzSSR, Soviet Azerbaijan or simply Azerbaijan, was one of the constituent republics of the Soviet Union be ...
, punishable by up to five years in prison for consenting adults, or up to eight years if it involved force or threat. Azerbaijan regained its independence in 1991, and in 2000 repealed the Soviet-era anti-sodomy law. A special edition of ''
Azerbaijan Azerbaijan, officially the Republic of Azerbaijan, is a Boundaries between the continents, transcontinental and landlocked country at the boundary of West Asia and Eastern Europe. It is a part of the South Caucasus region and is bounded by ...
'', the official newspaper of the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
, published on 28 May 2000, reported that the National Assembly had approved a new
criminal code A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
, and that
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...
Heydar Aliyev Heydar Alirza oghlu Aliyev (10 May 1923 – 12 December 2003) was an Azerbaijani politician who was a Soviet party boss in the Azerbaijan Soviet Socialist Republic from 1969 to 1982, and the third president of Azerbaijan from October 1993 to ...
had signed a decree making it law beginning on 1 September 2000. Repeal of Article 121 was a requirement for Azerbaijan to join the
Council of Europe The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, represe ...
, which Azerbaijan did on 25 January 2001. The
age of consent The age of consent is the age at which a person is considered to be legally competent to consent to Human sexual activity, sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is un ...
is now equal for both heterosexual and homosexual sex, at 16 years of age. Azerbaijan's anti-LGBTQIA+ discrimination has stirred controversy in relation to international events hosted by Azerbaijan, with critics arguing that Azerbaijan should not be allowed to host international events due to its discrimination against LGBTQIA+ people.


Recognition of same-sex relationships

Same-sex couples are not legally recognised.
Same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...
and
civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, primarily created to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage, with ch ...
s are not recognized or performed.


Adoption and family planning

Same-sex couples are not allowed to adopt children in Azerbaijan.


Military service

Azerbaijan implements mandatory
military conscription Conscription, also known as the draft in the United States and Israel, is the practice in which the compulsory enlistment in a national service, mainly a military service, is enforced by law. Conscription dates back to antiquity and it conti ...
for all able-bodied men between the ages of 18 and 35 to enlist in the military. There is no specific law that prohibits lesbians, gays and bisexuals from serving in the Azerbaijani military, however they could be unfit to serve under the Articles 18/b and 17/b of the Regulation on Military Medical Examinations. Article 18, paragraph b of the Regulation on Military Medical Examinations, states a person is considered unfit or partially unfit for military service on the basis of personality disorders. In addition to Article 18/b, LGBTQIA+ enlistees are also categorized under Article 17/b, which indicates reactive psychoses and neurotic disorders. Queer conscripts often conceal their sexual orientation to avoid harassment, especially under the informal system of '' dedovshchina'' (military hazing). Ani Paitjan and Naila Dadash-Zadeh reported in 2020 that official exemptions are available, but coming out to authorities often entails outing oneself to family and community—an outcome many find too dangerous. Homophobic slurs and psychological abuse are common, and survivors describe long-lasting effects on their sense of trust and safety.


Gender identity and expression

Azerbaijan possesses no legislation enabling transgender people to legally change their gender on official documents. However, transgender people are allowed to change their name so that it matches their gender identity.


Blood donation

It is unknown if
men who have sex with men Men who have sex with men (MSM) are men who engage in sexual activity with other men, regardless of their sexual orientation or sexual identity. The term was created by epidemiologists in the 1990s, to better study and communicate the spre ...
are permitted to donate blood. By law, no groups are excluded from blood donation apart from HIV/AIDS infected persons.


Living conditions

Azerbaijan is largely a secular country with one of the least practicing majority-Muslim populations. The reason behind
homophobia Homophobia encompasses a range of negative attitudes and feelings toward homosexuality or people who identify or are perceived as being lesbian, Gay men, gay or bisexual. It has been defined as contempt, prejudice, aversion, hatred, or ant ...
is mostly due to the lack of knowledge about it, as well as due to the "old traditions". Families of homosexuals often cannot come to terms with the latter's sexuality, especially in rural areas.
Coming out Coming out of the closet, often shortened to coming out, is a metaphor used to describe LGBTQ people's self-disclosure of their sexual orientation, romantic orientation, or gender identity. This is often framed and debated as a privacy issue, ...
often results in violence or
ostracism Ostracism (, ''ostrakismos'') was an Athenian democratic procedure in which any citizen could be expelled from the city-state of Athens for ten years. While some instances clearly expressed popular anger at the citizen, ostracism was often us ...
by the family patriarchs or forced heterosexual marriage.Western Media on Eurovision
. Radio Liberty. 25 May 2012.
There were rumours of an LGBTQIA+ parade being organized in time for the
Eurovision Song Contest 2012 The Eurovision Song Contest 2012 was the 57th edition of the Eurovision Song Contest. It took place in Baku, Azerbaijan, following the country's victory at the with the song "Running Scared (Ell & Nikki song), Running Scared" by Ell & Nikki, El ...
, which was hosted by Azerbaijan. This caused disagreement in society due to homophobic views, but it did gain support from Azerbaijani human rights activists. The contest's presence in Azerbaijan also caused diplomatic tensions with neighbouring
Iran Iran, officially the Islamic Republic of Iran (IRI) and also known as Persia, is a country in West Asia. It borders Iraq to the west, Turkey, Azerbaijan, and Armenia to the northwest, the Caspian Sea to the north, Turkmenistan to the nort ...
. Iranian clerics Ayatollah Mohammad Mojtahed Shabestari and Ayatollah
Ja'far Sobhani Grand Ayatollah Jafar Sobhani (; born 9 April 1929) is an Iranian Twelver Shia marja, influential theologian and writer. Sobhani was a former member of the Society of Seminary Teachers of Qom and founder of Imam Sadiq Institute in Qom. E ...
condemned Azerbaijan for "anti-Islamic behaviour", claiming that Azerbaijan was going to host a gay parade. This led to protests in front of the Iranian embassy in Baku, where protesters carried slogans mocking the Iranian leaders. Ali Hasanov, head of the public and political issues department in the Azerbaijani President's administration, said that gay parade claims were untrue, and warned Iran not to meddle in Azerbaijan's internal affairs. In response, Iran recalled its ambassador from Baku, while Azerbaijan demanded a formal apology from Iran for its statements in connection with Baku's hosting of the Eurovision Song Contest, and later also recalled its ambassador from
Tehran Tehran (; , ''Tehrân'') is the capital and largest city of Iran. It is the capital of Tehran province, and the administrative center for Tehran County and its Central District (Tehran County), Central District. With a population of around 9. ...
. LGBTQIA+ people have gained more visibility in recent years, through various interviews, social media posts and films. For Pride Month in 2019, several Azerbaijani celebrities shared social media posts supporting LGBTQIA+ rights, including singer Röya, stylist Anar Aghakishiyev and 2011 Eurovision winner Eldar Gasimov. Same-sex sexual activity has been legal in
Azerbaijan Azerbaijan, officially the Republic of Azerbaijan, is a Boundaries between the continents, transcontinental and landlocked country at the boundary of West Asia and Eastern Europe. It is a part of the South Caucasus region and is bounded by ...
since 1 September 2000. Nonetheless, discrimination on the basis of
sexual orientation Sexual orientation is an enduring personal pattern of romantic attraction or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. Patterns ar ...
and
gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent and consistent with the in ...
is not banned in the country and same-sex marriage is not recognized.


Society

As in most other post-Soviet era countries, Azerbaijan remains a place where homosexuality is an issue surrounded by confusion. There is hardly any objective or correct information on the psychological, sociological and legal aspects of homosexuality in Azerbaijan, with the result that the majority of the society simply does not know what homosexuality is. "
Coming out Coming out of the closet, often shortened to coming out, is a metaphor used to describe LGBTQ people's self-disclosure of their sexual orientation, romantic orientation, or gender identity. This is often framed and debated as a privacy issue, ...
" as a gay,
lesbian A lesbian is a homosexual woman or girl. The word is also used for women in relation to their sexual identity or sexual behavior, regardless of sexual orientation, or as an adjective to characterize or associate nouns with female homosexu ...
,
bisexual Bisexuality is romantic attraction, sexual attraction, or sexual behavior toward both males and females. It may also be defined as the attraction to more than one gender, to people of both the same and different gender, or the attraction t ...
or
transgender A transgender (often shortened to trans) person has a gender identity different from that typically associated with the sex they were sex assignment, assigned at birth. The opposite of ''transgender'' is ''cisgender'', which describes perso ...
person is therefore rare, and individual LGBT people are afraid of the consequences. Thus many lead double lives, with some feeling deeply ashamed about being gay. Those who are financially independent and living in
Baku Baku (, ; ) is the Capital city, capital and List of cities in Azerbaijan, largest city of Azerbaijan, as well as the largest city on the Caspian Sea and in the Caucasus region. Baku is below sea level, which makes it the List of capital ci ...
are able to lead a safe life as an LGBTQIA+ person, as long as they "practice" their homosexuality in their private sphere. There is a small LGBT movement, with three organizations advocating for LGBTQIA+ rights and protection. Although homosexual acts between consenting male adults are officially decriminalized, reports about police abuses against gays, mainly male prostitutes, have persisted. While complaining of the violence against them, the victims preferred to remain anonymous fearing retaliation on the part of the police. In 2019, in ''A v. Azerbaijan'', the
European Court of Human Rights The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a co ...
called out the state for its 2017 raids in which over 80 LGBT people were detained, many tortured and abused by police. In April 2019, Elina Hajiyeva, a 14-year-old girl from Baku, attempted suicide once more due to homophobic bullying at her school. Although her mother had reported the bullying to the principal, Sevinj Abbasova, neither she nor other teachers took any action against it. After the attempted suicide, the principal kept Hajiyeva in her office for an hour during which she attempted to have the half-conscious Hajiyeva admit to suicidal tendencies and place the blame on family difficulties rather than on bullying issues at the school. She did not call an ambulance or allow others to do so. Hajiyeva died in hospital two days later. The school director, deputy director and school psychologist were dismissed from office. Only the principal was prosecuted on account of negligence resulting in death, and leaving someone in danger. On 24 October 2019, the principal was sentenced by the Sabail District Court of Baku to 2 years and 2.5 months of restriction of liberty, which means movement surveillance, only requiring her to be home at 9:00 PM. She was also ordered to pay 18,500 AZN ($10,882) of monetary compensation to the parents. The case sparked a nationwide social media campaign against bullying. 2011 Eurovision winner Nigar Jamal posted a video on
Instagram Instagram is an American photo sharing, photo and Short-form content, short-form video sharing social networking service owned by Meta Platforms. It allows users to upload media that can be edited with Social media camera filter, filters, be ...
addressed to President
Ilham Aliyev Ilham Heydar Oghlu Aliyev (born 24 December 1961) is an Azerbaijani politician who has been the fourth president of Azerbaijan since 2003. He is also the leader of the New Azerbaijan Party since 2005. The son and second child of former Aze ...
asking government officials to take action. The Ministry of Education launched an action plan against bullying on 13 May, envisaging a number of tasks to ensure a "healthy environment in general education institutions", to improve school and family relations and to protect students from abuse. A hotline was also established. In May 2019, Azerbaijan Airlines fired three employees for releasing personal information of a transgender passenger on social media, including a picture of her passport. In June 2019, five transgender women were physically assaulted by a group of 15 men in
Mardakan Mardakan (, ) is a settlement and municipality in Khazar Rayon of Baku, Azerbaijan, located on the coast of the Caspian Sea, with a population of 32,084. It's positioned on the eastern Absheron Peninsula, about 30 km away from downtown Baku, and ...
. Four of the attackers were arrested. In September 2019, a young gay man was beaten, raped and expelled from his village of Yolçubəyli because of his sexuality. He reported the violence to police. Photos of his rape surfaced online.


Media

The first news website for LGBTQIA+ people in Azerbaijan was launched by Ruslan Balukhin on 25 May 2011
gay.az
The Azerbaijani Constitution guarantees freedom of expression for everyone by all forms of expressions. The Azerbaijan Press Council was founded in 2003. The council deals with complaints according to the Press Code of Conduct. It is unknown if the council has assessed complaints of harassment made by state-controlled media using homosexuality as a tool to harass and discredit critics of the government. The media in Azerbaijan has been criticized for spreading fear and hate towards queer people, with the use of discriminatory language and the portrayal of queer individuals in a negative light. Queer people face discrimination in various aspects of life, and the media often becomes a tool for propaganda and disinformation, with politicians and officials using it to influence the public's perception of queer individuals. Vahid Aliyev, a co-founder of the Minority Azerbaijan news webpage, has criticised the media for their unprofessional manners and their impact on shaping public opinion. Azerbaijan's human rights NGOs have been successful in raising awareness of the lives of Azeri LGBTQIA+ people. The first LGBTQIA+ online magazine
Minority Magazine
' was founded by Samad Ismayilov in December 2015. The magazine covers education, entertainment and current issues about LGBT people. The magazine started functioning as an NGO from August 2017.


Film

Samad Ismayilov, an LGBTQIA+ activist and the founder of ''Minority Magazine'', made a documentary movie about a trans man from Azerbaijan named Sebastian. The film focuses on Sebastian's challenges, fears and dreams about the future. It was filmed in Ohio in the United States. The film made its debut in
Baku Baku (, ; ) is the Capital city, capital and List of cities in Azerbaijan, largest city of Azerbaijan, as well as the largest city on the Caspian Sea and in the Caucasus region. Baku is below sea level, which makes it the List of capital ci ...
on 25 November 2017, with the support of the Dutch embassy. About 80 people came to watch the movie and participate at LGBTQIA+ discussions after the film. Deniz Miray, who is trans rights activist and film critic, shot her "Bədənimə Günəş" in 2022 by talking about the challenges of LGBTQI+ individuals in Azerbaijan.


Literature

In 2009, Ali Akbar wrote a scandalous book titled '' Artush and Zaur'', which focused on homosexual love between an
Armenian Armenian may refer to: * Something of, from, or related to Armenia, a country in the South Caucasus region of Eurasia * Armenians, the national people of Armenia, or people of Armenian descent ** Armenian diaspora, Armenian communities around the ...
and Azerbaijani. According to Akbar, being an Armenian and being gay are major taboos in Azeri society. In 2014, Azerbaijani writer Orkhan Bahadirsoy published a novel about the love of two young men, ''It is a sin to love you''.


Suicide of İsa Şahmarlı

In January 2014, İsa Şahmarlı, the openly gay founder of AZAD LGBT, died of suicide by hanging himself with a rainbow flag. At the time of his death, Şahmarlı was unemployed, in debt, and estranged from his family who considered him "ill". Şahmarlı left a note on Facebook blaming society for his death. He was discovered soon afterward by friends. Şahmarlı's suicide sparked an increase in LGBTQIA+ activism in Azerbaijan. The day of his death was marked as LGBTQIA+ Pride Day and was honored in 2015 with the release of several videos.


LGBTQI+ organizations

As of 2015, there are five known LGBT organizations in Azerbaijan: * Gender and Development (), created in 2007 and carries out local projects in collaboration with the Ministry of Health. * Nafas LGBTI Azerbaijan Alliance (), established in 2012. It has implemented several projects, including part of an international survey and regularly holds talks with the EU Delegation to Azerbaijan and other European embassies regarding the difficulties of LGBT people and their situation in Azerbaijan. * AZAD LGBT, established in 2012 by İsa Şahmarlı. AZAD concentrates on education and better media representation in Azerbaijan. In its first year, it ran several projects including organizing LGBT movie nights in the capital of Baku. These movie nights were attended by a local psychologist who participated in Q&As after the films.
In 2014, after Isa Shahmarli committed suicide, AZAD organized a series of photo and video projects. In 2015, AZAD launched a website providing free online LGBT education tools. *Q-Collective *Gender Resource Center

(), established in 2020 is a queer-feminist platform. The centre was established in Azerbaijan in response to the problem of lack of safe space and resources for people of different genders and sexual orientations. Other online campaigns or magazines also exist.
Gay.az
the first information portal for LGBT people in Azerbaijan * Love Is Love, an online photo campaign designed to provide support to the LGBT community in Azerbaijan.
Reng
in remembrance of Isa's birthday, including illustrated versions of several of Isa's writings * ''Minority Magazine'', which covers education, entertainment and current issues about LGBT people


Human rights reports


2017 United States Department of State report

In 2017, the United States Department of State reported the following, concerning the status of LGBT rights in Azerbaijan: *"The most significant human rights issues included unlawful or arbitrary killing; torture; harsh and sometimes life-threatening prison conditions; arbitrary arrest and detention, arbitrary arrest; lack of judicial independence; political prisoners; criminalization of libel; physical attacks on journalists, arbitrary interference with privacy; interference in the freedoms of expression, assembly, and association through intimidation, incarceration on questionable charges, and harsh physical abuse of selected activists, journalists, and secular and religious opposition figures, and blocking of websites; restrictions on freedom of movement for a growing number of journalists and activists; severe restrictions on political participation; and systemic government corruption; and police detention and torture, of lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals; and worst forms of child labor, which the government made minimal efforts to eliminate." *Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
"For example, lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals detained in September stated police threatened them with rape, and in some cases raped them with truncheons. Most did not publicize such threats." *Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
"Antidiscrimination laws exist but do not specifically cover lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals.
In October media and human rights lawyers reported that since mid-September police had arrested and tortured 83 men presumed to be gay or bisexual as well as transgender women. Once in custody, police beat the detainees and subjected them to electric shocks to obtain bribes and information about other gay men (see section 1.c.). By 3 October, many of the detainees had been released, many after being sentenced to 20-45 days in jail, fined up to 200 manat ($117), or both. On 2 October, the Ministry of Internal Affairs and the Office of the Prosecutor General issued a joint statement that denied the arrests were based on gender identity or sexual orientation.
A local NGO reported there were numerous incidents of police brutality against individuals based on sexual orientation and noted that authorities did not investigate or punish those responsible. There were also reports of family-based violence against LGBTI individuals, hate speech against LGBTI persons, and hostile Facebook postings on personal online accounts. Activists reported that LGBTI individuals were regularly fired by employers if their sexual orientation/gender identity became known. One individual reported the military did not allow LGBTI individuals to serve and granted them deferment from conscription on the grounds of mental illness.
LGBTI individuals generally refused to file formal complaints of discrimination or mistreatment with law enforcement bodies due to fear of social stigma or retaliation. Activists reported police indifference to investigating crimes committed against members of the LGBTI community." *Discrimination with Respect to Employment and Occupation
"Discrimination in employment and occupation also occurred with respect to sexual orientation. LGBTI individuals reported employers found other reasons to dismiss them because they could not legally dismiss someone because of their sexual orientation."


Summary table


See also

* Human rights in Azerbaijan * LGBT rights in Asia * LGBT rights in Europe


Notes

Society of Azerbaijan Politics of Azerbaijan {{Title country