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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Azerbaijan (Ratification: 1992)

The Committee notes the information supplied by the Government in reply to its previous comments on the provisions of Article 3, paragraphs (a) and (c), of the Convention.

1. It notes that the new section 17 of the Labour Code (the draft of which is currently before Parliament) includes a provision to add sex, race and social origin to the prohibited discrimination criteria for employment and occupation, in accordance with Article 1, paragraph 1(a). The Committee hopes that this text will be adopted shortly and requests the Government to send a copy to the ILO once this is done.

2. Article 1, paragraph 2. With regard to the "objective criteria" which can justify the exclusion from the exercise of certain activities of persons on grounds of their sex or ethical values, the Government replies that moral and ethical criteria (such as a clean legal record) required for a specific post are necessarily taken into account in selecting candidates for the legal professions, activities relating to application of the law or involving reception, transport or storage of valuable materials. The Committee would be grateful if the Government would indicate in its next report the reasons justifying the exclusion of persons from the exercise of certain activities on the basis of sex.

3. Article 3(b). Noting the absence of information in the Government's report on existing educational programmes (which were mentioned in its previous report) as a means of developing the principle of equality, the Committee would be grateful if the Government would provide this information in its next report and attach to it a copy of any educational materials used in anti-discrimination campaigns.

4. Article 3(d). Noting that for the question on the policy of recruitment, promotion, conditions of employment and termination of employment applied in respect of employment under the direct control of a national authority, the Government refers to section 5 of the Employment Act, the Committee notes that section 2 of the Act gives a limitative list of the workers covered by its scope and does not cite, for example, civil servants employed in the central and decentralized administrative state bodies. The Government is requested to specify in its next report how the policy set out in Article 2 of the Convention is followed in occupations subject to the control of the national authority which do not appear in the list laid down by the Employment Act, section 2, by indicating the practical methods or procedures which exist for this purpose in matters of recruitment, promotion, conditions of employment and termination, etc.

5. Article 3(e). Noting the Government's statement that section 23 of the Employment Act governs vocational training, the Committee emphasizes that Article 3(e) of the Convention lays down the obligation to ensure observance of the policy set out in Article 2 in the activities of vocational guidance, vocational training and placement services under the direction of a national authority. This obligation implies the use of means to promote equality of opportunity and treatment in the aforementioned spheres. The Committee would therefore be grateful if the Government would supply detailed information on the way in which the placement services subject to the control of a national authority and covered by the aforementioned section 23, ensure in practice application of the policy and the means of action available to these services and users for this purpose.

6. Article 3(f). Noting the partial statistics supplied in reply to its request on the application of Article 3(f) on how the national policy has affected access to training, access to employment and employment conditions of women, ethnic or religious groupings, the Committee notes, first, that this information does not include any indication of a date allowing assessment of any evolution in the situation resulting from application of such a policy and, secondly, that they relate solely to women, and not to the ethnic and religious minorities which were also included in its previous comments. Please supplement this information in accordance with the report form.

7. Article 4. The Committee notes from the reply to its request for information on legislative or administrative measures and the national practice governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State, that no such cases had occurred as yet. The Committee recalls in this respect that, according to this provision measures affecting these persons shall not be deemed to be discrimination, provided that the individual concerned shall have the right to appeal to a competent body established in accordance with national practice (see paragraphs 134 to 138 of the 1988 General Survey on equality in employment and occupation). The Government is requested once again to supply information indicating how this Article would be applied in such an event. If no measure is provided, the Committee requests it to contemplate establishing the right to appeal as provided by this provision and to send it any pertinent information.

8. Article 5. The Committee notes the information provided by the Government in regard to restrictions on night work for women as set out in section 175 of the current Labour Code; it requests the Government to supplement this information by sending with its next report a copy of any text relating to this section.