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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Azerbaijan (Ratification: 2004)

Article 6 of the Convention. Programmes of action. National action plan to combat trafficking in persons. In its previous comments, the Committee noted various measures taken to provide assistance and protect child victims of trafficking within the framework of the National Action Plan against Trafficking in Persons for 2014–18. The Committee requested the Government to continue its efforts to combat child trafficking through the adoption of programmes and plans of action.

The Committee observes the adoption of the National Action Plan against Trafficking in Persons (NAP) for 2020–2024, which aims, amongst others, at: (i) improving the legislative and institutional framework, (ii) ensuring effective prosecution of the offence of trafficking in persons, (iii) strengthening international cooperation, and iv) raising awareness on trafficking in persons. The Committee further observes that section 4.5 of the NAP for 2020–2024 in particular, provides for a number of activities to strengthen the protection of child victims or potential child victims of trafficking. The Committee requests the Government to provide information on the implementation of the NAP for 2020-2024, including the concrete measures taken and the results achieved with respect to the prevention and elimination of trafficking of children.

Article 7. Clause (b). Effective and time-bound measures. Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Sale and trafficking of children. The Committee previously noted that the Centre for Victims of Trafficking in Persons, under the authority of the Ministry of Labour and Social Protection, offers various forms of help to people in need of legal, psychological and medical aid, and other types of assistance. The Committee further noted the adoption of the Programme for the Social Rehabilitation of Child Trafficking Victims. The Government also indicated that it was in the process of improving its recording system on statistics of trafficking in persons cases, involving victims under the age of 18 years.

The Committee notes the measures indicated by the Government in its report to provide assistance to child victims of trafficking. In particular, in 2020, 22 child victims of trafficking were enrolled in preschool programmes; 56 children were provided with school supplies; 18 children received assistance in obtaining birth certificates; and 15 children were helped to obtain recognition of paternity and receive maintenance payments. The Committee further observes the 2020 Government’s periodic report submitted to the United Nations Committee on the Rights of the Child indicating the development of a unified database on Combating Trafficking in Persons in the Main Department Ministry of Internal Affairs that is used for keeping the records regarding child victims of trafficking (CRC/C/AZE/5-6, paragraph 223). The Committee requests the Government to continue to provide information on the number of child victims of trafficking under the age of 18 years who have been identified and provided with assistance, including those who were successfully reintegrated.

Clause (d). Children at special risk. 1. Street children. The Committee previously noted that more than 90 per cent of all street children in Azerbaijan were concentrated in the Baku area and the majority came from rural areas and that most of them did not have a birth certificate and only a small number attended school. The Committee noted the measures taken by the Government to provide children deprived of parental care with accommodation. The Government also indicated the opening of a new social shelter for abandoned, neglected or at-risk children in the near future.

The Committee notes the Government’s indication that over the first six months of 2021, 370 children begging in the streets were identified and administrative penalties were imposed on the parents who coaxed their children into begging. The Government also indicates that the Social and Rehabilitation Institute and Shelter for the Vulnerable Population Group was founded by the Cabinet of Ministers Decision No. 337 of 30 July 2019. The Committee further observes that the Action Plan for the Implementation of the Strategy on Children for 2020–2025 adopted by the President’s Decree No. 2306 of November 2020 envisages a number of measures aimed at the identification and the rehabilitation of abandoned and vulnerable children and strengthening the social protection of such children. The Committee encourages the Government to pursue its efforts to protect all vulnerable children, including street children, from the worst forms of child labour and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard, particularly within the framework of the Action Plan for the Implementation of the Strategy on Children for 2020 – 2025. It further requests the Government to continue to provide information on the number of street children who are identified and the types of social assistance provided.

2. Refugee and displaced children. The Committee noted that Azerbaijan is home to a large displaced population with over 1 million refugees, internally displaced persons and families seeking asylum. It further noted that refugee and internally displaced children face a high risk of labour exploitation and trafficking, poverty, and discrimination in access to education.

The Committee notes with regret an absence of information from the Government in this respect. The Committee observes in the Government’s report submitted to the United Nations Human Rights Council on 16 February 2018 in the context of the Universal Periodic Review, the measures taken to improve the situation of refugees and internally displaced persons, such as the building of new schools and cultural centres, the provision of accommodation and social allowances as well as employment promotion activities. The Government also indicated that children of refugees and internally displaced persons are provided with textbooks and teaching aids free of charge (A/HRC/WG.6/30/AZE/1, paragraphs 145, 194–201). The Committee further notes from the Report of the United Nations High Commissioner for Refugees published in May 2018 that by virtue of the Presidential Decree No. 1257 of 2017, the Guardianship and Custody authorities are tasked with protecting the rights and interest of the unaccompanied children in the asylum process. In addition, the Committee observes that the Action Plan on Implementation of the Strategy on Children for 2020–2025 provides for measures on ensuring education, health and social rights of refugee and asylum-seeking children (section 5.3.17). The Committee requests the Government to pursue its efforts to protect refugee and displaced children from the worst forms of child labour, particularly by ensuring their access to free, quality basic education. It requests the Government to provide information on the measures taken in this regard and the results achieved, particularly with respect to the implementation of the activities under the Action Plan for the Implementation of the Strategy on Children for 2020 – 2025.