Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee notes the adoption of the Act on Employment, on 2 July 2001, which outlines the main directions of state employment policy. It notes particularly that under section 6 of the Act, the State is to afford equal opportunities to all citizens, irrespective of race, nationality, religion, language, sex, marital status, social origin, place of residence, property, convictions, membership in political parties and trade unions and other social organizations. The Committee welcomes this development, which, following the recent revision of the Labour Code, further strengthens the national legislation in accordance with the Convention. Recalling that the Convention not only calls for legislative measures but also for efforts to ensure its application in practice, the Committee asks the Government to provide information on the impact of the new legislation on the enjoyment of equal opportunities and treatment in employment and occupation, particularly of women and ethnic minorities.

2. The Committee would like to return once again to section 21 of the Criminal Code on which it has commented previously, but without receiving clarifications from the Government. The Committee recalls the Government’s statement in its 1999 report that persons having committed "socially dangerous acts which are provided for by the Criminal Code and which constitute crimes by virtue of section 21" are subject to punishment, including the deprivation of the right to hold certain posts or to carry out certain types of activities, as well as dismissal from office. The Committee was concerned that this provisions may lead to discrimination on the basis of political opinion and recalled that Article 4 of the Convention must be narrowly interpreted in order to avoid undue limitations on the protection against discrimination, which the Convention seeks to guarantee (1988 General Survey, paragraphs 134-138). The Committee therefore requests the Government to provide, in its next report, any information on the definition of "socially dangerous acts" which constitute crimes under section 21 of the Criminal Code, and on the application of this section in practice, such as examples of any cases brought before courts which have resulted in the punishment referred to above. The Government is also requested to indicate whether the individuals, to whom section 21 has been applied, have the right to appeal against court decisions restricting their access to or security of employment.

3. Discrimination on the basis of sex. With regard to its 2002 general observation on the issue of sexual harassment, the Committee notes from the Government’s report that sections 150-153 of the Criminal Code provide for criminal sanctions for sexual harassment. The Committee asks the Government to provide the text of these provisions and information on their application in practice.

4. The Committee recalls its previous comments concerning section 241 of the Labour Code which prohibits the "use of women workers in labour-intensive jobs, in hazardous workplaces, and also in underground tunnels, mines, and other underground works", and the "use of women workers … for lifting or carrying of heavy items from one place to another" beyond certain limits. The Committee also recalls that Decision No. 170 of the Cabinet of Ministers of 20 October 1999 enacts a list of hazardous workplaces and occupations, which are prohibited for women. Noting that the list contained in Decision No. 170 is very extensive, the Committee requests the Government to provide information on the reasons that justify the specific limitations and restrictions on women in the abovementioned legislation. The Committee invites the Government once again to consider the possibility of re-examining these restrictions, in consultation with representatives of workers and employers and with women workers, if possible, with a view to assessing whether it is still necessary to prohibit the access of women to certain occupations, in view of the principle of equality, improvements in conditions of work and changing attitudes.

5. In order to allow the Committee to assess the application of the Convention with regard to equal employment opportunities for women, the Government is requested to provide statistical information on labour force participation and unemployment, disaggregated by sex and economic sector, including the public service.

6. Discrimination on the basis of race and national extraction. The Committee once again stresses the importance of developing means to assess the progress made in the implementation of the national policy to promote equality, as required by the Convention and national legislation. The Government is therefore requested to provide, in its next report, any information on the situation of religious and ethnic minorities in the labour market, such as studies, surveys, or statistical information.

7. The Committee notes with interest the information provided by the Government with regard to measures taken to enhance educational opportunities for ethnic minorities, including educational programmes provided in minority languages, including Georgian, Russian, Lezgi, Tati, and Talys. The Committee also notes the information on minority education contained in the Government’s first report under the Framework Convention for the Protection of National Minorities, received by the Council of Europe on 4 June 2002. The Committee asks the Government to continue to provide similar information in its next report, including information on the level of the overall educational attainments of the various ethnic groups and their participation in vocational training (citizens and non-citizens).

8. Recalling the Government’s statement in its last report that it would provide information on the activities of the State Labour Inspection established in 1997, which exercises control over the observance of labour legislation, including discrimination issues, the Committee hopes that such information will be provided with the Government’s next report.

9. The Committee also reiterates its request to the Government to provide information on measures taken to seek the cooperation of workers and employers’ organizations in accordance with Article 3(a) of the Convention.