Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Azerbaijan (Ratification: 1992)

The Committee notes the Government’s report.

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 28 August 2007, reiterating the 2006 comments of the International Confederation of Free Trade Unions (ICFTU) alleging: (1) the ban on strikes in the public transport sector; (2) the legislative restriction on all types of political activities by trade unions; and (3) difficulties in forming trade unions in multinational enterprises.

The Committee notes the Government’s indication that according to section 281 of the Labour Code, strikes are prohibited in the railway and air transport sectors. In this connection, the Committee notes that section 233 of the Criminal Code penalizes strikes in public transport with penalties of up to three years of imprisonment. The Committee recalls that restrictions or prohibitions on the right to strike should be limited to essential services in the strict sense of the term, i.e. those the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee considers that public transport, including air and railway transport, are not essential services in the strict sense of the term. The Committee considers, however, that in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum service in services of public utility rather than impose an outright ban on strikes (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 160). The Committee therefore requests the Government to amend section 281 of the Labour Code and section 233 of the Criminal Code so as to ensure that workers of public transport, including those employed in air and railway transport, can exercise the right to strike, and to keep it informed of the measures taken or envisaged in this respect.

The Committee recalls that for many years, it had been requesting the Government to amend section 6(1) of the Act on Trade Unions of 1994, so as to eliminate the absolute prohibition of all types of political activity by trade unions. The Committee regrets that no measures have been taken in this respect. The Committee believes that the development of the trade union movement and the increasing recognition of its role as a social partner in its own right mean that workers’ organizations must be able to voice their opinions on political issues in the broad sense of the term and, in particular, to express their views publicly on a government’s economic and social policy (see General Survey, op. cit., paragraph 131). It therefore once again requests the Government to amend section 6(1) of the Act on Trade Unions so as to strike a balance between, on the one hand, the legitimate interests of organizations to express their point of view on issues of economic and social policy affecting their members and workers in general and, on the other hand, the separation of political activities in the strict sense of the term from trade union activities. The Committee requests the Government to keep it informed of the measures taken or envisaged in this respect.

Finally, with regard to the exercise of the right to organize in multinational enterprises, the Committee notes that the Government confirms the existence of this problem. According to the Government, only in a few such enterprises have workers been able to establish a trade union. The Government further indicates that all attempts by the Confederation of Trade Unions of Azerbaijan (CTUA) to establish social partnership with multinational companies, where labour rights are often violated bore no results. Establishment by the CTUA of a trade union organization at these companies became impossible. The Committee recalls that it is the responsibility of the Government to ensure the application of international labour Conventions concerning freedom of association. The Committee therefore requests the Government to take the necessary measures in order to ensure that multinational enterprises operating on its territory respect freedom of association norms and principles. It requests the Government to keep it informed of the measures taken in this respect.