Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee notes the information in the Government's report.

1. While noting with interest the adoption of the Constitution of 12 November 1995 and the Act on Individual Labour Contracts (Agreements) of 27 July 1996, and in particular that section 25 and section 7 respectively cover all the prohibited grounds of discrimination listed in Article 1, paragraph 1(a), of the Convention, the Committee also observes that section 5 of the Employment Act of 1991, excludes "race" from the prohibited grounds of discrimination and that section 17 of the Labour Code of 1971, as amended in 1993, excludes "political opinion and social origin". The Committee understands that a revision process of the Labour Code is currently ongoing and hopes the Government will include these two grounds in the new section 17 of the Labour Code. It also hopes that in any future revision of the Employment Act, or any other legislation covering employment being drafted or amended, the Government will consider the view previously expressed by the Committee that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all grounds of discrimination laid down in Article 1, paragraph 1(a). The Committee also asks the Government to supply it with a copy of the original text, in Russian, of the Law on Individual Labour Contracts of 1996.

2. Article 1, paragraph 2. With regard to the Committee's previous request for information on the reasons justifying the exclusion of persons from the exercise of certain activities on the basis of sex, the Government replies that these are primarily based on safety and health considerations and on the desire to create conditions that will allow women to combine work and family responsibilities. The Committee notes these indications and the detailed information supplied by the Government. With respect to sections 174 and 175 of the Labour Code which prohibit or restrict women's employment in heavy work, work done under hazardous conditions, and work that involves carrying or moving loads in excess of the maximum permissible loads established for them, the Committee requests the Government to provide, in its next report, information on the criteria used for determining "heavy work" and "work in hazardous conditions" as well as the precise lists of industries, occupations and jobs prohibited to women on the basis of the above-mentioned sections in the Labour Code.

3. Article 3(b). The Committee notes the Government's statement that both sexes enjoy equal opportunities in education and employment and that the current system of education rules out programmes which would allow discrimination in employment. The Committee notes from the Government's report on the Convention on the Elimination of All Forms of Discrimination Against Women (United Nations document CEDAW/C/AZE/1 of 16 September 1996) that at all levels of the school system, education is provided on issues relating to equality between men and women. The Committee requests the Government to supply copies of the educational materials used in the school system to promote equality of opportunity and treatment in employment and occupation, and to provide further details on the manner in which public education and information on the anti-discrimination policy is provided or promoted in general in the society.

4. With regard to placement services subject to the control of a national authority covered by section 23 of the Employment Act, the Government explains that vocational training, further training and retraining of unemployed officials are carried out in accordance with legislation currently in force, but gives no further details on the implementation of Article 3(e) of the Convention. The Committee further notes the information contained in the Government's report on the CEDAW, in which the Government explains that socio-economic difficulties and armed conflict have led to a deterioration of the situation of women who constitute two-thirds of the unemployed population. The Committee requests the Government to provide, in its next report, detailed information on the way in which placement services subject to the control of a national authority are able to respond to this situation and try to promote women's equal access to employment opportunities in accordance with Article 2 of the Convention and on means of action available to these services and users for this purpose, in particular as regards unemployed women. With regard to women's employment status, the Committee also refers to its comments under Convention No. 122.

5. Article 3(f). The Committee notes that no statistics are available on the employment of different religious or ethnic groups, since such information is not given by applicants to the employment service. The Committee also notes that no further statistics were provided on the employment of women in respect of access to training, access to employment and conditions of work. The Committee points to the importance of statistics, studies, etc., as means of assessing the action taken and progress made in pursuance of the national policy to promote equality of treatment and opportunity in respect of access to training, access to employment and conditions of work in accordance with Article 3(f) of the Convention. The Committee therefore requests the Government to provide, in its next report, any information available (such as reports, studies, statistics, and others) which may allow the Committee to assess whether any changes may have occurred in regard to equal access of religious and ethnic groups and women to vocational training, employment and conditions of work in the various branches of activity and the various occupational levels.

6. Article 4. The Committee notes that the Government's report contains no reply to its comments in relation to legislative or administrative measures and the national practice governing the employment and occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requested the Government, in the case no such measures were provided, to contemplate establishing the right to appeal as provided by Article 4. The Committee trusts that the Government will provide, in its next report, full information on how this Article is applied.

7. The Committee notes with interest the establishment of a State Labour Inspectorate by Presidential Decree of 27 January 1997. The Committee requests the Government to provide information on the measures taken or contemplated to establish the necessary mechanisms and procedures for enforcement of the legislative provisions dealing with equality of opportunity and treatment in employment and occupation.