Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

The Committee takes note of the Government's report.

1. The Committee notes that the Government's report deals with the right of workers to organize. The corresponding right of employers to organize is not specifically set out in any detail. The Committee recalls that the Convention also covers employers who, just as workers, have the right to establish and join organizations of their own choosing without previous authorization and organize their activities and programmes without interference by public authorities. It requests the Government to provide, in its next report, specific information on the manner in which the right of employers to organize is protected and to supply relevant legislative texts.

2. It is not clear whether and, if so, to what extent the Law on Public Associations, which is referred to by the Government, but has not been supplied, applies to workers' and employers' organizations. The Committee requests the Government to provide a copy of the Law on Public Associations and to indicate its scope of application and its relationship with the Trade Unions Act of 1994.

3. The Committee notes that, pursuant to section 3(5) of the Trade Unions Act "managerial staff cannot be members of a trade union in the enterprise concerned". The Committee recalls that managerial staff shall have the right to set up organizations to further their occupational interests and requests the Government to indicate, in its next report, how this right is protected.

4. The Committee also notes that section 4 of the Trade Unions Act provides for the registration of unions, which confers legal personality. As regards the procedure for registration, section 4(3) provides that the Act on Public Associations shall apply. No further information is available to the Committee. The Committee recalls that registration requirements as such are not incompatible with the Convention if they do not grant a discretionary power to the registration authority. It requests the Government to provide, in its next report, information on the registration procedure.

5. The Committee notes that, pursuant to section 6(1), unions are prohibited from engaging in political activity, associating with political parties or carrying out joint activities with them and providing assistance or donations to political parties or receiving assistance or donations from them. While being aware of the political problems which the country may have faced, the Committee considers that the wholesale prohibition to engage in political activity is not in conformity with the right of workers to organize their activities and programmes in full freedom. The Government is therefore requested to take the necessary measures to lift the total ban on political activities of unions.

6. The Committee notes that the right to strike is referred to in section 19 of the Act which provides that trade unions may organize and hold strikes in accordance with the legislation in force. The Committee requests the Government to indicate, in its next report, whether further laws or regulations are in force or in the pipeline concerning the exercise of the right to strike. It also requests the Government to indicate whether section 190(3), read together with section 24 of the Penal Code of the former USSR, which contained important restrictions on the right of workers to participate in collective action aimed at disturbing transport operations, state or social institutions or undertakings, combined with severe sanctions, including sentences of imprisonment for up to three years are still in force and, if so, to consider amending or repealing these provisions.