Texts of pending comments

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.

Article 2(3) of the Convention. Medical certificate issued subject to specified conditions of employment or for a specified job. In its previous comments, the Committee noted that the type of medical examinations that young workers may undergo depends upon the type of hazards they encounter. In this respect, Decision of the Ministry of Health No. 46 of 2012 on Improving Compulsory Medical Examinations contains a list of jobs which require specific preliminary or periodic medical examinations. The Committee requested the Government to indicate if the medical certificate of fitness for employment can prescribe specific conditions of employment or be issued for a specific job or group of jobs involving similar health risks which have been classified as a group by the competent authority.

The Committee notes the Government’s indication in its report that the Rules for Compulsory Medical Examinations approved by the Decision of the Ministry of Health No. 24/2 of 2014 establish the procedure for specific preliminary and periodic medical examinations for the jobs indicated in Decision No. 46 of 2012 (for example, underground work, work in the food industry or transportation). The Committee observes that, according to the Rules for Compulsory Medical Examinations, the medical certificate of fitness for employment is issued based on the results of a particular preliminary medical examination for the jobs specified in Decision No. 46 of 2012.

Article 6(2). Cooperation between the various services established for the vocational guidance and rehabilitation of children and young persons found unsuited for work. The Committee previously requested the Government to provide information on the cooperation and effective liaison between the labour, health, educational and social services established for the vocational guidance and physical and vocational rehabilitation of children and young persons found unsuited for work. In this regard, the Committee observes that, pursuant to section 11 of the Act No. 1153-VQ of May 31, 2018 on the Rights of Persons with Disabilities, an individual rehabilitation program is elaborated for children with disabilities, which aims at their medical, psychological, pedagogical, and vocational rehabilitation. The Committee also observes that the State Agency for Medical and Social Expertise and Rehabilitation coordinates the activities of the relevant state and local self-government bodies and legal entities for the purpose of rehabilitation of persons with disabilities (section 3.1.24 of the Charter of the State Agency for Medical and Social Expertise and Rehabilitation of 2020).

The Committee notes the Government’s report and requests it to refer to its comments on the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77). The Committee requests the Government to supply further information on the following point.

Article 7(2)(a) of the Convention. Ensuring the application of the system of medical examination for fitness for employment of children engaged either on their own account or on account of their parents. In its previous comments, the Committee requested the Government to indicate the measures adopted or envisaged, to ensure that the system of medical examination for fitness for employment is applied to children and young persons engaged on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in places to which the public have access. The Committee notes the Government’s indication in its report that, pursuant to section 4 of the Order No. 36 of 2010 on Practical Guidelines for Organizing Adolescent Health Care, all adolescents between 14 and 17 years old shall undergo the medical examination once a year. According to section 9 of Order No. 36 of 2010, a medical certificate on the results of the medical examination is presented by an adolescent at the place of study or work. The Committee requests the Government to indicate whether a medical certificate on the results of the medical examination is issued to adolescents engaged either on their own account or on account of their parents.

Article 1 of the Convention. Scope of application. In its previous comments, the Committee noted that the Labour Code of 1999 applies only to persons bound by a contract of employment. The Committee further noted that the State Labour Inspection Service (SLIS) exercises oversight over compliance with the Labour Code and other labour laws and regulations. The Committee requested the Government to take the necessary measures to adapt and strengthen the labour inspection services to ensure that the protection envisaged by the Convention is provided to self-employed children and children working without a contract of employment. In this regard, the Committee requests the Government to refer to its comments under Article 2(1) of the Minimum Age Convention, 1973 (No. 138), concerning the applicability of the Labour Code to children working on their own account and children working in the informal economy.

Article 5. Granting of individual licences for public entertainment and making of cinematographic films. The Committee once again requests the Government to indicate any legislative provisions on the granting of individual licences to persons under 18 years of age to appear at night in public entertainments or to participate in the making of cinematic films in accordance with Article 5(1) and under conditions laid down under Article 5(4) of the Convention.

Article 6(1)(b). Keeping of registers. The Committee previously requested the Government to indicate the laws or regulations which require the employers to keep a registry showing the names, date of birth and hours of work of workers under 18 years of age. In this respect, the Committee observes that, pursuant to section 34 of the Act No. 82-IQ of May 21, 1996 on Individual Employment Contracts, employers are obliged to compile an employee’s work-book, which contains information on the employment. In particular, pursuant to section 3.2 of the Regulations on the application of the work-books approved by the Resolution of the Cabinet of Ministers No. 186 of 1996, the work-book contains the information on the employee’s name and date of birth, type of education, his/her job title, and remuneration. The Committee further observes that section 102 of the Labour Code requires employers to keep accurate records of the actual working time of each employee.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that several provisions of the Criminal Code, which provide for sanctions of correctional work or imprisonment (involving compulsory labour), are worded in terms broad enough to lend themselves to application as a means of punishment for the expression of views opposed to the established political, social or economic system. These provisions include:

– section 147 regarding defamation, defined as “dissemination, in a public statement … or through the mass media, or a publicly displayed Internet information resource of false information discrediting the honour and dignity of a person”;
– sections 169.1 and 233, read together with sections 7 and 8 of the Act on freedom of assembly, regarding “organization or participation in a prohibited public assembly” and “organization of group actions violating public order”; and
– section 283.1 regarding “inflaming the national, racial or religious enmity”.

The Committee further noted the indication by an important number of United Nations and European institutions and bodies of a growing tendency to apply various provisions of the Criminal Code as a basis for the prosecution of journalists, bloggers, human rights defenders and other persons who expressed critical opinions. In particular, the following provisions of the Criminal Code were often used for that purpose: insult (section 148); embezzlement (section 179.3.2); illegal business (section 192); tax evasion (section 213); hooliganism (section 221); state treason (section 274); and abuse of office (section 308). The Committee also observed the introduction in the Criminal Code of section 148(1) on the offence of posting slander or insult on an Internet information resource by using fake user names, profiles or accounts, punishable by imprisonment for up to one year, and the extension of section 323(1) (smearing or humiliating the honour and dignity of the President in public statements, publicly shown products or the mass media) to online activities through the use of fake user names, profiles or accounts, punishable by up to three years’ imprisonment. In addition, according to the UN Human Rights Committee, the maximum term of imprisonment under the Code of Administrative Offences for misdemeanours, with which human rights defenders were often charged (for example, hooliganism, resisting police and traffic violations), had been increased from 15 to 90 days.

The Committee notes with regret the absence of information on this point in the Government’s report. The Committee observes from the report of the Commissioner for Human Rights of the Council of Europe following her visit to Azerbaijan in July 2019 that no progress has been made with regard to protecting freedom of expression in Azerbaijan and that journalists and social media activists, who expressed dissent or criticism of the authorities, are continuously detained or imprisoned on a variety of charges, such as disobeying the police, hooliganism, extortion, tax evasion, incitement to ethnic and religious hatred or treason, as well as drug possession or illegal possession of weapons. The Committee also notes that, in its Opinion No. 12/2018, the UN Working Group on Arbitrary Detention concluded that deprivation of liberty of the journalist, who had been accused of drug crimes under section 234.4.3 of the Criminal Code and sentenced to nine years in prison, was as a result of his exercise of the right to freedom of expression (A/HRC/WGAD/2018/12, paragraph 59). The Committee further observes that the European Court of Human Rights (ECHR) has continued to hear a number of cases from Azerbaijan concerning the detentions and convictions of opposition political activists, particularly in the following cases: Hasanov and Majidli v. Azerbaijan, applications Nos 9626/14 and 9717/14, judgement of 7 October 2021; Azizov and Novruzlu v. Azerbaijan, applications Nos 65583/13 and 70106/13, judgement of 18 February 2021; Khadija Ismayilova v. Azerbaijan, application No. 30778/15, judgment of 27 February 2020, among others.

The Committee once again deplores the continued use of the provisions of the Criminal Code to prosecute and convict persons who express their political views or views ideologically opposed to the established political, social or economic system, leading to penalties of correctional work or imprisonment, both involving compulsory labour. The Committee therefore once again strongly urges the Government to take immediate and effective measures to ensure that, both in law and practice, no one who, in a peaceful manner, expresses political views or opposes the established political, social or economic system can be sentenced to sanctions under which compulsory labour is imposed. The Committee once again requests the Government to review the abovementioned sections of the Criminal Code by clearly restricting the scope of these provisions to situations connected with the use of violence or incitement to violence, or by repealing sanctions involving compulsory labour.

In light of the situation described above, the Committee is bound to observe that there has been no progress with regard to protecting freedom of expression in Azerbaijan and that journalists, social media activists and opposition political activists who express dissent or criticism of the authorities are convicted and imprisoned under various provisions of the Criminal Code. The Committee once again deplores the continued use of the provisions of the Criminal Code to prosecute and convict persons who express their political views or views ideologically opposed to the established political, social or economic system, leading to penalties of correctional work or imprisonment, both involving compulsory labour. The Committee considers that this case meets the criteria set out in paragraph 95 of its General Report to be asked to come before the Conference.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to supply full particulars to the Conference at its 110th Session and to reply in full to the present comments in 2022.]

Article 1(c) of the Convention. Disciplinary sanctions applicable to public officials. In its previous comments, the Committee noted that section 314.1 of the Criminal Code provides for sanctions of correctional work or deprivation of freedom (involving compulsory labour) for the non-performance or improper performance by public officials of their duties as the result of a negligent attitude, causing substantial harm to the legitimate rights and interests of persons or organizations, or to state interests. The Committee requested the Government to provide information on the application of section 314.1 of the Criminal Code in practice.

The Committee notes the information provided by the Government in its report indicating that, under section 314.1 of the Criminal Code, nine persons were convicted in 2019; seven persons in 2020; and four persons in the first half of 2021. The Committee recalls that, under Article 1(c) of the Convention, sanctions involving compulsory labour should not be applied as a means of labour discipline. However, the Committee has considered that in cases where sanctions (involving compulsory labour) are imposed on persons responsible for breaches of labour discipline that impair or are liable to endanger the operation of essential services, or which are committed either in the exercise of functions that are essential to safety or in circumstances where life or health are in danger, there must exist an effective danger, not mere inconvenience (2007 General Survey on the eradication of forced labour, paragraph 175). The Committee requests the Government to continue providing information on the application of section 314.1 of the Criminal Code, indicating the facts pursuant to which the court decisions were handed down and the penalties imposed, in order to enable the Committee to ascertain the scope of this provision and its compatibility with the Convention.

Article 1(d). Sanctions for participating in strikes. The Committee previously noted that, pursuant to section 233 of the Criminal Code, sanctions of imprisonment or correctional work (involving compulsory labour) may be imposed for the organization of group actions violating public order and resulting in disturbances of operation of transport or work of enterprises, institutions or organizations. The Committee observed that section 233 of the Criminal Code is worded in broad terms and provides for sanctions involving compulsory labour for the peaceful participation in group actions. The Committee further noted that, although the Government had provided information on the number of convictions made under section 233 of the Criminal Code, it had not indicated whether those cases were related to participation in strikes.

The Government indicates that, under section 233 of the Criminal Code, one person was convicted in 2018; three persons in 2019; no one in 2020; and 37 persons in the first half of 2021. The Committee once again observes, however, that the Government has not indicated whether such convictions were related to participation in strikes. It also notes the rise in the number of convictions under section 233 of the Criminal Code. The Committee therefore reiterates its request to the Government to indicate whether any case of prosecution or conviction handed down under section 233 of the Criminal Code involved participation in strike action and the penalties imposed.

[The Committee asks the Government to supply full particulars to the Conference at its 110th Session and to reply in full to the present comments in 2022.]

Article 3(2) of the Convention. X-ray film of the lungs during initial and periodic medical examination. In its previous comments, the Committee requested the Government to indicate the legislative provisions which provide for X-ray examinations of the lungs during initial and periodic medical examinations of young persons under 21 years of age who are employed or work underground in mines or in quarries. The Committee observes that the Decision of the Ministry of Health No. 46 of 2012 on Improving Compulsory Medical Examinations establishes a detailed list of dangerous chemicals at work, including those related to work underground in mines or in quarries, which require initial and periodic X-ray examinations of the lungs.

Article 4(4) and (5). Keeping of records. The Committee previously requested the Government to indicate the provisions making it compulsory for the employer to keep, and make available to inspectors and, at their request, to the workers’ representatives, records containing in respect of persons under 21 years of age who work underground: (a) the date of birth, duly certified wherever possible; (b) an indication of the nature of their occupation; and (c) a certificate which attests fitness for employment but does not contain medical data. The Committee observes that, pursuant to section 34 of the Act No. 82-IQ of May 21, 1996 on Individual Employment Contracts, employers are obliged to compile an employee’s work-book, which contains information on the employment. In particular, pursuant to section 3.2 of the Regulations on the application of the work-books approved by the Resolution of the Cabinet of Ministers No. 186 of 1996, the work-book contains the information on the employee’s name and date of birth, type of education, his/her job title, and remuneration. The Committee further observes that, according to Resolution of the Cabinet of Ministers No. 142 of 2006 approving the Rules of the application of the medical examination card system, the information regarding compulsory medical examinations of workers, including workers under the age of 18 years, is kept at the information centre of the Ministry of Health. In addition, a copy of the act prepared by a competent body on the results of compulsory periodic medical examinations of workers is provided to employers.

Article 2(1) of the Convention. 1. Scope of application and the application of the Convention in practice. In its previous comments, the Committee observed that the provisions relating to the minimum age of admission to employment or work in the Labour Code did not appear to apply to work performed without an employment agreement, including self-employment or work in the informal sector. The Committee however noted the Government’s statement that the Convention constitutes part of the labour legislation in the country and must therefore be implemented by all employers and private individuals. The Committee further noted the significant number of children involved in informal work in the agricultural sectors of tea, tobacco and cotton, including in hazardous situations, as well as children who work on their own account.

The Committee notes the Government’s indication in its report that, various awareness-raising events on preventing child labour were conducted by the state labour inspectorate for employers, police officers, and students in 2020. The Government also indicates that in 2020, the police identified 21 cases of work performed by children without an employment agreement. In addition, three cases of the use of child labour were identified by the state labour inspectorate. In this connection, administrative fines of 3,000 Azerbaijani manats (AZN) were imposed on the employers for employing children under 15 years of age, in accordance with section 192.8 of the Code of Administrative Offences. However, the Committee once again observes that while a significant number of children are involved in informal work in the agricultural sectors of tea, tobacco and cotton, including in hazardous situations, only few cases of the use of child labour were identified by the state labour inspectorate and the police. The Committee requests the Government to take the necessary measures to ensure that the Convention is applied to children and young persons who perform work without an employment agreement including self-employment or work in the informal economy. Referring to its comments made under the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee once again urges the Government to take measures to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working in the informal economy and on their own account, particularly in the agricultural sector. The Committee also requests the Government to provide information on the number and nature of violations relating to the employment of children and young persons detected by the labour inspectorate and the police as well as the penalties imposed.

2. Minimum age for admission to employment or work. For many years, the Committee has been pointing out that the minimum age of 16 years for admission to employment or work specified upon the ratification of the Convention under its Article 2(1) is not established in the national legislation. In particular, section 42(3) of the Labour Code allows a person who has reached the age of 15 years to be part of an employment contract, and section 249(1) specifies that “persons who are under the age of 15 shall not be employed under any circumstances”.

The Committee notes with concern that the relevant provisions of the Labour Code have not been amended with a view to raise the minimum age for admission to employment or work from 15 to 16 years. The Committee notes the Government’s indication that raising the minimum age from 15 to 16 years would restrict the existing opportunity to work for children who have reached 15 years of age, which is the age of completion of compulsory education. Recalling that the Convention allows and encourages the raising of the minimum age but does not permit lowering of the minimum age once specified, the Committee once again urges the Government to take the necessary measures, without further delay, to ensure the establishment of a minimum age of 16 years for admission to employment or work in the Labour Code.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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.

The Committee takes note of the Government’s first report. It notes the relevant sections of the Labour Code implementing the Convention, in particular section 114, which provides for a minimum of 21 calendar days of paid annual leave, in conformity with Article 3.

Article 12 of the Convention. Prohibition to relinquish or forgo the right to an annual holiday with pay. The Committee notes that section 135(2) of the Labour Code allows the payment of compensation for unused leave in cases where employees did not use their leave entitlement in the relevant working year for any reason. The Committee recalls that Article 12, which prohibits agreements to relinquish or forgo the right to an annual holiday with pay, seeks to ensure that workers benefit in practice from their acquired holiday rights. The Committee wishes to emphasize the importance of workers effectively benefiting from their right to a period of relaxation and leisure every year and recalls that it has encouraged governments to take the necessary measures to ensure that monetary compensation is offered in lieu of annual leave only in the case of any unused leave upon termination of employment (2018 General Survey on working time instruments, paragraph 374). The Committee notes the Government’s indication that draft amendments to the Labour Code were being considered to ensure greater conformity with the Convention. The Committee requests the Government to provide information on any measures taken in this regard, including any amendments to section 135(2) of the Labour Code.

Article 5(1) of the Convention. Effective tripartite consultations. The Committee notes the adoption of the Decent Work Country Programme (DWCP) of the Republic of Azerbaijan for 2016−20, whose main objectives include the strengthening of social dialogue mechanisms. In this regard, the DWCP provides that the ILO will supply technical advisory support to the national tripartite constituents to assist them in establishing a national tripartite commission, and in holding effective tripartite consultations on international labour standards in accordance with the requirements of Article 5 of the Convention. The DWCP also envisages the provision of capacity-building for the tripartite constituents and members of the national tripartite commission. In this context, the Committee notes with interest that, on 30 September 2016, the Cabinet of Ministers approved the Decree for the Regulation of the Tripartite Commission for Social and Economic Affairs. The Government indicates that the Tripartite Commission comprises representatives of the Ministry of Labour and Social Protection (MLSPP), the National Confederation of Entrepreneurs (Employers) Organizations (ASK) and the Confederation of Trade Unions of Azerbaijan (CTUA). The main objectives of the Tripartite Commission include consulting on draft legislation in the field of social and labour relations, employment and social security, assisting in the regulation of social and labour relations at the national level, and coordinating work on the drafting of a General Collective Agreement. The Government indicates in this respect that the Tripartite General Collective Agreement for the period 2018−19 was approved by the Cabinet of Ministers on 10 February 2018. The Agreement sets out the position and joint activities of the social partners with respect to the implementation of the State’s socio-economic policy, including the holding of tripartite consultations to develop and implement a socioeconomic policy; and the establishment of a tripartite commission comprising the social partners. In response to the Committee’s previous comments concerning the possible ratification of the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168), the Government indicates that ratification would require fundamental changes in national legislation and that, therefore, this issue is not expected to be examined in the Tripartite Commission in the near future. The Committee also notes that the Government reiterates in its report that it is continuing its efforts to improve the procedure for ratifying ILO Conventions and preparing reports on the application of ratified Conventions. The Committee notes, however, that the Government does not provide concrete information on the content and outcome of tripartite consultations on international labour standards as required under Article 5(1) of the Convention. The Committee therefore once again requests the Government to provide detailed and precise information on the content and outcome of tripartite consultations held on all matters relating to international labour standards covered by the Convention and other activities of the ILO, particularly relating to the questionnaires on the Conference agenda items (Article 5(1)(a)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and reports to be presented on the application of ratified Conventions (Article 5(1)(d)). It further requests the Government to indicate the frequency of the tripartite consultations held to give effect to Article 5 of the Convention.

Article 5(1)(b). Submission to the National Assembly. In its previous comments, the Committee reiterated its request that the Government provide information on the consultations held with the social partners on proposals made to the Milli Mejlis (National Assembly) in connection with the submission of the instruments adopted by the Conference. The Committee refers to its 2019 observation on submission to the competent authorities, where it noted with satisfaction the submission to the Milli Mejlis of the Republic of Azerbaijan on 31 July 2019 of some 27 outstanding instruments adopted by the Conference. The Committee, nonetheless, recalls that the Convention requires governments to consult the representative organizations of employers and workers before finalizing proposals to be submitted to the competent authorities concerning the instruments adopted by the Conference (see 2000 General Survey on Tripartite Consultations, para. 85). The Committee therefore once again requests the Government to provide information on the content and outcome of consultations held with the social partners relative to proposals made to the Milli Mejlis (National Assembly) in connection with the submission of the instruments adopted by the Conference.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages Member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

Comments adopted by the CEACR: Azerbaijan

Adopted by the CEACR in 2021

C029 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C077 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C078 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C079 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C090 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C124 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C132 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C144 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)