Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Azerbaijan (Ratification: 1992)

The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee notes with interest the information in the Government’s report that a new law on the employment of the population was adopted in June 2000, and that "race" has been included as a banned ground of discrimination. The Committee requests the Government to supply a copy of the new law.

2. The Committee notes Decree No. 170 of 20 October 1999 which enacts the list of hazardous occupations that are prohibited for women. Once the translation is available the Committee may return to the Government with additional specific comments. It also notes the Government’s statement that provides for a number of measures of a restrictive nature with the purpose of ensuring social protection for, inter alia, women. The Committee invites the Government to consider the possibility of re-examining these provisions, in consultation with the social partners and with women workers if possible, with a view to assessing whether it is still necessary to prohibit the access of women to certain occupations, in view of the improvements in conditions of work, changing attitudes and also the adoption by the ILO of its 1985 resolution on equal opportunities and equal treatment for men and women in employment; the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); the Night Work Convention, 1990 (No. 171); and the corresponding Recommendations. The Committee again asks the Government to provide information in its next report on the reasons that justify the specific limitations and restrictions on women in the abovementioned legislation.

3. The Committee notes that the Government did not supply any statistical data on the labour market. Noting the Government’s indication that no data on the employment situation of religious or ethnic minorities exist since no such data are required to be included in documentation presented to employment services, the Committee once again wishes to underline the importance of statistics, studies, surveys and other information as a means of assessing the action taken and progress made in the implementation of the national policy to promote equality of opportunity and treatment in respect of employment, occupation and training. Therefore, the Committee once again hopes that the Government will undertake efforts to collect and analyse statistical and other information and that it will be in a position to report on the labour market situation in its next report.

4. The Committee again notes the information in the Government’s report on educational programmes provided in minority languages, the publication of textbooks, manuals and programmes for teaching languages of the minorities. The Committee also notes the Government’s statement that "within the existing system of education there cannot be, in principle, educational programmes which would allow discrimination in respect of employment". The Committee again requests the Government to provide information on any measures taken to enhance minorities’ and women’s participation in training and vocational guidance programmes, including training established by the Ministry of Education. Please also indicate how training is provided to non-citizens in the country.

5. The Committee once again notes that under section 21 of the Criminal Code persons committing "socially dangerous acts" are subjected to punishments, such as the deprivation of the right to hold certain posts or to carry out certain types of activities, as well as dismissal of office. The Committee notes that no reply has been supplied on the definition of "socially dangerous acts" under criminal legislation and no information of court decisions in this regard were indicated. The Committee again recalls that Article 4 of the Convention must be strictly interpreted in order to avoid undue limitations on the protection which the Convention seeks to guarantee (General Survey, 1988, paragraphs 134-138). The Committee hopes the Government will provide the relevant information in its next report. It also asks the Government to indicate whether the individuals concerned have the right to appeal against decisions invoking section 21 of the Criminal Code that disadvantage their employment.

6. The Committee notes the Government’s information that it will include in its next report the information on the activities of the State Labour Inspection, established in 1997, and exercising control over the observance of the labour legislation, including the issues of discrimination. It also hopes that the Government will supply information on the supervisory role of the Attorney-General as was indicated in its previous report.

7. The Committee would appreciate receiving information on measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in accordance with Article 3(a) of the Convention.