Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Forced Labour Convention, 1930 (No. 29) - Azerbaijan (Ratification: 1992)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. (a) Plan of action. Further to its previous request on the implementation and renewal of the National Plan of Action (NAP) against Trafficking 2014–18, the Committee notes the Government’s information in its report on the adoption of the NAP 2020-2024 by the Presidential Decree No. 2173 of 22 July 2020. The Committee observes that the NAP 2020–2024 aims, among others, at: (i) improving the legislative and institutional framework; (ii) ensuring effective prosecution of the offence of trafficking in persons; (iii) strengthening the protection of victims; (iv) strengthening international cooperation; and (v) raising awareness on trafficking in persons. The Committee further observes that, pursuant to section 7 of the Act on trafficking in persons of 2005, the National coordinator on Combating Trafficking in Human Beings is in charge of the implementation of the national action plans. The Committee requests the Government to provide information on the concrete measures taken to implement the various components of the NAP 2020-2024, as well as information on the activities of the National coordinator on Combating Trafficking in Human Beings and on any assessment of the results achieved or difficulties encountered in combatting trafficking in persons.

(b) Penalties and law enforcement. The Committee previously requested the Government to provide information on the application in practice of section 144-1 of the Criminal Code which punishes trafficking in persons with imprisonment of from five to 15 years. In its reply, the Government indicates that, under section 144-1 of the Criminal Code, in 2018, the police investigated 144 cases of trafficking in persons, 26 of which were referred to public prosecution, which resulted in 21 convictions; in 2019, the police investigated 146 cases of trafficking in persons, 23 of which were referred to public prosecution, which resulted in 41 convictions; in 2020, the police investigated 155 cases of trafficking in persons, 16 of which were referred to public prosecution, which resulted in 11 convictions. The Committee observes that, in its 2018 report, the Group of Experts on Action Against Trafficking in Human Beings (GRETA) on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Azerbaijan noted that a large proportion of the prison sentences had been suspended (paragraph 174). The Committee requests the Government to continue to take measures to ensure that sufficiently effective and dissuasive penalties of imprisonment are imposed and enforced against perpetrators, in conformity with Article 25 of the Convention. Please continue to provide information on the number of prosecutions, convictions as well as on the specific penalties applied, pursuant to section 144-1 of the Criminal Code.

(c) Identification and protection of victims. The Committee previously noted that the Centre of assistance to victims of trafficking (Centre) provides social, legal, medical, psychological and other assistance. The Committee requested the Government to provide information on the number of victims of trafficking identified, as well as the number of those who received the services provided by the Centre.

The Committee notes the Government’s indication that, in 2020, the Centre provided assistance to 90 victims of trafficking. In particular, 5 victims received legal assistance; 5 victims were provided with psychological support; two received medical care, and three received assistance in employment. The Committee observes that the NAP 2020-2024, in its section 4.4, provides for a number of measures aimed at social rehabilitation and protection of victims of trafficking. The Committee encourages the Government to continue its efforts with a view to ensure that appropriate protection and assistance is provided to victims of trafficking for both sexual and labour exploitation. The Committee requests the Government to provide information on the measures taken in this regard, particularly within the framework of the NAP 2020-2024. It further requests the Government to continue to provide information on the number of victims who have been identified and who have received the services provided by the Centre.

2. Vulnerable situation of migrant workers. The Committee previously noted the vulnerable situation of migrant workers, particularly in the construction sector, agriculture and domestic work, to abusive employment practices. The Committee requested the Government to provide information on the measures taken to ensure that migrant workers are fully protected from abusive practices and conditions that could amount to forced labour.

The Committee notes the Government’s indication that, during the reporting period, there were no registered cases of forced labour exacted from migrant workers. The Committee further notes that the European Court of Human Rights, in its judgement of 7 October 2021, has held that Azerbaijan failed to institute and conduct an effective investigation of the migrant workers’ allegations of forced labour and trafficking in persons (Zoletic and others v. Azerbaijan). The Committee also observes that the United Nations Committee on Economic, Social and Cultural Rights, in its 2021 concluding observations, expressed concern about the pervasive labour rights violations, especially of migrant workers, including the non-payment or underpayment of salaries, salary discrimination, and workplace deaths and injuries (E/C.12/AZE/CO/4, paragraph 28). The Committee underlines that the system governing the employment of migrant workers should be designed to prevent such workers from being placed in a situation of increased vulnerability, particularly where they are subjected to abusive practices by employers, such as retention of passports or non-payment or underpayment of wages. The Committee requests the Government to strengthen its efforts to prevent migrant workers from falling victims of abusive practices and conditions of work that would amount to forced labour and to ensure that they can assert their rights and have access to justice and remedies regardless of their status. It further requests the Government to provide information on the number of inspections and investigations carried out in economic sectors in which migrant workers are mostly occupied, including in the construction sector, agriculture and domestic work, and the results of such inspections.

Article 2(2)(a). Work exacted under compulsory military service laws for non-military purposes. In its previous comments, the Committee noted that, according to section 3.2 of the Act on Military Duty and Military Service of 2011, the military service is compulsory for all male citizens who have reached 18 years of age. The Committee further noted that, under section 9(1) of the Act on the Status of Military Personnel of 1991, military servicemen, during the period of their service, may be made to perform work or other tasks not related to military service, in accordance with the procedure laid down by the President of the Republic of Azerbaijan. The Government however indicated that the abovementioned provision had not been applied in practice. The Committee recalled that Article 2(2)(a) of the Convention excludes work or service exacted by virtue of compulsory military service laws from the prohibition of forced labour only if such work or service is of a purely military character. It also recalled that the provisions of the Convention relating to compulsory military service do not apply to career military personnel, and the Convention consequently is not opposed to the performance of non-military work by military personnel serving in the armed forces on a voluntary basis. Noting with regret the absence of information from the Government on this point, the Committee reiterates its request and urges the Government to take the necessary measures to amend section 9(1) of the Act on the Status of Military Personnel in order to ensure that any work or task exacted by virtue of compulsory military service laws are limited to work of a purely military nature. It once again requests the Government to provide information on the cases in which persons performing compulsory military service can be requested to perform duties which are not specific to military service, including the number of persons concerned and the types of work carried out.

Article 2(2)(c). (a) Work of prisoners for private enterprises. The Committee previously noted that, according to section 95.1 of the Code on the Execution of Penal Sentences, every convicted person is under an obligation to work, such work being exacted from convicts either at enterprises and workshops of the penitentiary institutions or at other enterprises, outside the penitentiary institution, including private enterprises. While noting that, under the Code on the Execution of Penal Sentences, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee observed that, under the legislation in force, the formal consent of prisoners to work for private enterprises is not required. The Committee recalled that work by prisoners for private entities can be held compatible with the Convention only where the necessary safeguards exist to ensure that the prisoners concerned accept such work voluntarily, without being subjected to pressure or the menace of any penalty, and that the conditions of such work approximate those of a free labour relationship. The Committee notes with regret the absence of information from the Government on this point. It once again requests the Government to take the necessary measures to ensure, both in legislation and in practice, that work may only be performed by prisoners in private enterprises with their free, formal and informed consent. The Committee also requests the Government to supply sample copies of contracts concluded between a private enterprise and a penitentiary institution, as well as any contracts between prisoners and a private company.

(b) Sentences of public work. The Committee observes that sections 42(0)(4) and 47 of the Criminal Code provide, among the penal sanctions that can be imposed by courts, the penalty of public work, which consists of an obligation to perform socially useful work during a period from 240 to 480 hours. The Committee requests the Government to indicate the nature of institutions for which offenders may perform socially useful work, and to provide examples of the types of work that may be required under this penalty. Please also indicate if the courts have handed down such penalty.

(c) Sentences of correctional work. The Committee observes that, pursuant to sections 42(0)(6) and 49(1) of the Criminal Code, courts can impose on offenders a penal sanction of correctional work for the period from two months to two years. According to section 40 of the Code on the Execution of Penal Sentences and section 49(2) of the Criminal Code, correctional work is performed at the offender’s main place of work and up to 20 per cent of his/her earnings is collected for the State. In case an offender does not have a job, he/she shall register within the employment agency and cannot refuse a job offered to him/her (section 43 of the Code on the Execution of Penal Sentences). The Committee requests the Government to provide the examples of work that may be offered by the employment agency and to indicate the nature of institutions for which offenders may perform correctional work. Please also indicate if the courts have handed down such penalty.