Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes that the Government’s report has not been received. It must repeat its previous observation, which read as follows:

The Committee recalls that its previous comments concerned the divergencies between the national legislation and the guarantees set forth in the Convention, namely:

-  the restrictions on the right to strike (section 188-3 of the Criminal Code);

-  restrictions on the political activities of trade unions (section 6(1) of Act No. 792 on trade unions of 24 February 1994).

1. Right to strike. With reference to its previous comments on the need to explicitly amend or repeal section 188-3 of the Criminal Code, which contains major restrictions on the right of workers to engage in collective action with a view to disrupting public transport, associated with penalties of up to three years’ imprisonment, the Committee had noted the information supplied by the Government in its last report to the effect that a reform of the legislation, including the Criminal Code, was currently under way and that the comments of the Committee of Experts had been transmitted to the bodies concerned. The Committee recalls that the right to strike is an intrinsic corollary of the right to organize protected by the Convention and that restrictions or prohibitions on the right to strike should be limited to public servants exercising authority in the name of the State or to essential services, that is those whose interruption would endanger the life, personal safety or health of the whole or part of the population, and it expresses the firm hope that section 188-3 of the Criminal Code will be amended or repealed in the very near future.

2. Article 3 of the Convention. Right of workers to organize their activities and to formulate their programmes. The Committee once again noted with regret that, by virtue of section 6(1) of Act No. 792 of 24 February 1994 on trade unions, these organizations do not have the right to engage in political activities, nor to associate with political parties or conduct joint activities with them or provide them assistance, including gifts, nor to receive any from them. The Committee reminds the Government that the complete prohibition of trade unions from engaging in political activities is incompatible with the right of workers’ organizations to organize their activities and formulate their programmes in full freedom. It therefore once again requests the Government to amend its legislation to eliminate the prohibition of any political activities by trade unions and to strike a balance between, on the one hand, the legitimate interests of organizations to express their point of view on issues of economic and social policy affecting their members and workers in general and, on the other hand, the separation of political activities in the strict sense of the term from trade union activities.

The Committee expresses the firm hope that the Government will take the necessary measures in the very near future to bring its legislation fully into conformity with the provisions of the Convention and it requests the Government to indicate in its next report any progress achieved in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.