Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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

The Committee notes the information supplied by the Government in its report. It notes the Government's statement to the effect that it will supply information on the following points in its next report.

1. The Committee noted 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 how the right of managerial staff to freedom of association is protected.

2. The Committee noted that section 4 of the Act provides for the registration of unions, which confers legal personality on them. 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 information on the registration procedure and to supply the texts which regulate registration of trade unions and employers' organizations.

3. The Committee noted that, pursuant to section 6(1) of the Act, 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 overall 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 Committee requests the Government to take the necessary measures to lift the total ban on political activities of unions.

4. The Committee noted 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 whether further laws or regulations are in force or are being drafted concerning the exercise of the right to strike. It also requests the Government to supply the text of the law on collective agreements as soon as it has been adopted.

The Committee hopes that the Government will not fail to supply information on these points in its next report.