Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. Article 1, paragraph 1(a), of the Convention. The Committee notes that the term "national belonging" rather than "national extraction" is listed among the prohibited grounds of discrimination in article 19 of the Constitutional Act of 18 October 1991, section 3 of the Education Act of 7 October 1992 and section 5 of the Act on Employment of 27 June 1991. The Committee requests the Government to clarify whether this term, which is close to "national extraction" as used in the Convention, does in fact cover this concept. If not, please provide information on how protection is ensured in employment and education against discrimination on the basis of national extraction. It refers the Government to paragraphs 36 and 37 of its 1988 General Survey on Equality in Employment and Occupation where the concept of "national extraction" is discussed.

The Committee also notes that the grounds of social origin and political opinion are not among the proscribed grounds of discrimination listed in section 17 of the Labour Code of 1971, as amended up to 1993. It asks the Government to indicate how protection is provided against discrimination in employment on these grounds. In this respect the Committee refers the Government to paragraph 58 of the above-mentioned General Survey where it is stated that "where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a)".

2. The Committee also notes that under the Education Act the Government may introduce limitations on access to education related to particular professions. The Government is requested to provide further details on the criteria used when introducing such limitations.

3. Article 1, paragraph 2. The Committee notes the Government's statement that "objective criteria" are used to determine the need for special requirements for the exercise of certain activities, thus excluding persons for reasons of sex or ethical values. The Government is requested to provide additional information on these "objective criteria".

4. Article 2. Noting that the Government refers to speeches made by the President of the Republic, as well as socio-economic and educational programmes, indicating a national policy of equality, the Committee requests the Government to indicate how the national policy elucidated in them is implemented in respect of access to vocational training, access to employment and particular occupations and terms and conditions of employment.

5. Article 3(a). The Committee notes that no information is supplied on the measures taken by the Government to obtain the cooperation of employers' and workers' organizations to promote the national policy on equality of opportunity and treatment, and requests the Government to provide information on this in its next report.

6. Article 3(b). Noting that the Government refers to the existing educational programmes as a means to develop the principle of equality, the Committee requests the Government to provide further details on such educational programmes, including, for example, copies of any educational material used in anti-discrimination campaigns if available.

7. Article 3(c). Noting also that the Labour Code is currently being redrafted, the Committee requests the Government to provide information on the impact that this legislative reform might have on the application of the principle of the Convention.

8. In addition, the Committee notes from the Government's report on the application of the International Covenant on Civil and Political Rights (UN document CCPR/C/81/Add.2, paragraph 146) that the Presidential Decree of 16 September 1992 concerning the protection of rights and freedoms and state support for the development of the language and culture of national minorities and of peoples and ethnic groups few in number living in Azerbaijan, instructs the national authorities to repeal any act aimed at discrimination on grounds of national characteristics, assertion of national exclusiveness or national superiority, or fomenting of national hostility, and to prosecute the guilty parties. The Committee requests the Government to indicate the practical effect of this Decree.

9. Article 3(d). Noting that the Government has not supplied any information on the policy of recruitment, promotion, conditions of employment and termination of employment applied in respect of employment under the direct control of the national authority, the Committee requests the Government to provide such information in its next report.

10. Article 3(e). The Committee notes that the Ministry of Labour and Social Protection of the Population includes a body whose function is to provide vocational guidance to young people. It also notes the existence of state centres for work and employment which give free assistance to the unemployed. The Committee requests the Government to indicate how the principle of the Convention is applied in vocational guidance, vocational training and placement services.

11. Article 3(f). The Committee notes that no statistics have been supplied in the Government's report to demonstrate how the national policy has affected access to training, access to employment and employment conditions of women, ethnic or religious groupings. It asks the Government to provide such statistical data, as well as copies of any studies related to equality of employment.

12. Article 4. The Committee requests the Government to indicate the legislative or administrative measures and national practice governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State.

13. Article 5. Noting that section 175 of the Labour Code restricts the use of women workers for night work to protect women's health and safety, the Committee requests the Government to indicate how such restrictions are determined and to communicate the text of any regulations issued on this matter.