Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

1. Further to its observation, the Committee notes the information contained in the Government's report. In its previous direct request the Committee had noted that section 5 of the Law on Employment and Population of 1991 (Employment Act) excluded "race" from the prohibited grounds of discrimination. In this connection, the Committee notes the Government's statement that work is under way to improve national legislation and that changes and additions with respect to the Law on Employment and Population will include the insertion of "race" into the list of the groups and strata of the population being protected against discrimination. Noting that the new Labour Code covers all the prohibited grounds of discrimination embodied in the Convention, including "race", the Committee requests the Government to indicate the interrelationship between the 1991 Act and the newly adopted Labour Code of 1999, as well as to provide a copy of the law enacting the new Labour Code. It also requests the Government to keep the Office informed on the legislative revision and to supply a copy of the amended text of the Law on Employment and Population of 1991.

2. In its previous direct request, the Committee had requested information on certain sections of the 1993 Labour Code which prohibit or restrict women's employment. The Committee notes that section 241(1) of the new Code prohibits the employment of women in labour-intensive jobs, hazardous workplaces and underground jobs and that section 241(6) of the new Code stipulates that the lists of hazardous and labour-intensive jobs, positions or professions as well as underground jobs which are prohibited for women will be prepared by the related governors' offices. The Committee also notes that section 241(3(a-d)) specifies the limits for women workers within which they can lift or carry heavy weights; furthermore, section 242(1) prohibits employers to request women with children under the age of 3 to work on night shift, on overtime, on weekend and holidays or to be sent on job-related travel. The Committee notes the Government's explanations that such kind of legislation is aimed at health protection and, consequently, cannot be deemed as discrimination. The Committee, nevertheless, draws the Government's attention to the ILO resolution on equal opportunities and equal treatment of men and women in employment (1985). The resolution promotes protection for pregnant and nursing mothers, and calls for re-examination of the continued necessity of other protective measures that may unnecessarily restrict women from employment opportunities. The Committee requests the Government to supply information on the reasons justifying the exclusion of women workers from the exercise of certain jobs covered under section 241, in accordance with up-to-date scientific knowledge and technological changes and in the context of the national circumstances. The Committee also requests the Government to supply, in its next report, the precise list of hazardous and labour-intensive jobs, positions and professions referred to in section 241(6) of the Labour Code.

3. Article 2. As regards access to vocational training and education, the Committee notes the Government's statement that within the Ministry of Education, a board has been established responsible for the development and publication of programmes, manuals and textbooks required for teaching the languages of minorities. It also notes that a number of schools exist with minority language tuition (such as Georgian, Lezghin, Tat, Talysh and Khynalyg) in areas of compact residence of persons belonging to minorities. The Committee requests the Government to provide information on any activities undertaken to enhance opportunities for minorities to access vocational education and training, which in turn lead to better jobs.

4. Article 3(b). Noting that the Government does not reply to the Committee's request for information on the manner in which public education and information on the anti-discrimination policy is provided or promoted in general, the Committee hopes that the Government's next report will contain the relevant information.

5. Article 3(e). In its previous request, the Committee had noted that socio-economic difficulties and armed conflict had led to a deterioration of the situation of women who constituted two-thirds of the unemployed population and had requested information with regard to the implementation of section 23 of the Law on Employment and Population concerning vocational training. Noting that the Government's report does not give any further details in this regard, the Committee reiterates its previous request for detailed information on the way in which placement services, subject to the control of a national authority, are able to promote women's equal access to employment opportunities in accordance with Article 2 of the Convention.

6. Article 3(f). With regard to the employment of religious or ethnic groups, the Committee notes the Government's statement that the current employment policy does not allow discrimination on the basis of religious convictions or ethnic origin, and that no statistical data on the employment situation of religious or ethnic groups exist since no such data are required to be included in documentation presented to employment services. Consequently, the Government's report does not include such data nor any information (statistical or otherwise) which would enable the Committee to assess the practical application of the Convention. The Committee wishes to stress once again the importance of statistics, studies, surveys and other information as a means of assessing the action taken and progress made in the implementation of the national policy to promote equality of treatment and opportunity in respect of access to training, access to employment and conditions of work. The Committee therefore urges 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, in accordance with the Convention.

7. Article 4. The Committee notes the Government's statement that persons who have committed "socially dangerous acts" which constitute crimes by virtue of section 21 of the Criminal Code, are subject to punishments, such as the deprivation of the right to hold certain posts or to carry out certain types of activities, as well as dismissal of office. The Government further indicates that the abovementioned types of punishment can only be enforced on the basis of a court sentence. The Committee refers to its 1988 General Survey on this Convention (paragraphs 134-138) and recalls that Article 4 must be strictly interpreted in order to avoid undue limitations on the protection which the Convention seeks to guarantee. The Committee requests the Government to provide in its next report indications of the manner in which the term "socially dangerous acts" is defined under the criminal legislation, and to provide examples of any cases brought before courts which resulted in punishments such as dismissal of office or deprivation of the right to hold certain posts or carry out certain activities. It also requests the Government to indicate whether the individuals concerned have the right to appeal against court decisions restricting their access to employment and to send any pertinent information, and to indicate the appellate process available.

8. Further to its previous request with regard to mechanisms and procedures for enforcement of equality legislation, the Committee notes the Government's statement that the Attorney-General is exercising the highest supervision of the protection of, inter alia, labour rights, including the right to be protected against discrimination in employment and occupation. The Committee hopes that the Government's next report will contain detailed information on the specific action taken by the Labour Inspectorate and the Office of the Attorney-General to enforce discrimination provisions.