Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Abolition of Forced Labour Convention, 1957 (No. 105) - Azerbaijan (Ratification: 2000)

The Committee notes the information provided by the Government in reply to its earlier comments. It notes, in particular, the Disciplinary Rules for Maritime Transport Workers, supplied by the Government with its report.

Communication of texts. The Committee would appreciate it if the Government would communicate, with its next report, copies of the laws governing the press and other media, legislation concerning political parties and the law governing the civil service. Please also supply a copy of the Code of Administrative Offences, of 11 July 2000, which has been indicated in the Government’s report, but has not been received in the ILO.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. The Committee previously noted that, under section 169.1 of the Criminal Code, “organization or participation in a prohibited public assembly” is punishable with correctional work or deprivation of freedom for a term of up to two years (which involves compulsory prison labour, in accordance with section 95 of the Code on the Execution of Sentences). It also noted that similar penal sanctions are provided for in section 233 of the Criminal Code for the “organization of group actions violating public order”. Noting also the provisions of sections 7 and 8 of the Act on the Freedom of Assembly, of 13 November 1998, concerning the restriction and prohibition of public assemblies in order to ensure public order and to defend public interests, the Committee requested information on the application in practice of sections 169.1 and 233 of the Criminal Code, including copies of any court decisions which could define or illustrate their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

The Committee notes the Government’s indications in the report that in 2005, there were no cases of application of section 169.1, but three persons were convicted under section 233. The Committee requests the Government to provide, in its next report, information on the court decisions passed under section 233 of the Criminal Code, which could define or illustrate its scope. Please also provide information on the application in practice of section 169.1, as soon as such information becomes available.

2. The Committee previously noted that the Criminal Code provides for sanctions of imprisonment (involving compulsory prison labour) for “inflaming of the national, racial or religious enmity” (section 283.1) and sought information on the application of this provision in practice, including copies of any court decisions defining or illustrating its scope, so as to enable the Committee to ascertain its conformity with the Convention. Noting the Government’s indication in the report that there were no cases of application of section 283.1 in 2005, the Committee hopes that the information on its practical application will be supplied, as soon as it becomes available.

Article 1(c). Disciplinary sanctions applicable to public officials. The Committee previously noted that, under section 314.1 of the Criminal Code, the non-performance or improper performance by an official of his duties as the result of a negligent attitude, causing substantial harm to legitimate rights and interests of persons or organizations, or to state interests, is punishable by correctional work or by deprivation of freedom (which involves compulsory prison labour). The Committee notes the Government’s indications in the report that 20 persons were convicted under this section in 2005. The Committee requests the Government to provide, in its next report, information on the court decisions passed under section 314.1 of the Criminal Code, which could define or illustrate its scope, including sample copies of such decisions, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.

Article 1(d). Sanctions for participating in strikes. The Committee previously noted that section 233 of the Criminal Code provides for sanctions of imprisonment (involving compulsory labour) or correctional work for the organization of group actions violating public order and resulting in disturbances of operation of transport or work of enterprises, institutions or organizations. It requested the Government to indicate whether section 233 is applicable to participants in unlawful strikes and to supply information on its application in practice, including copies of any relevant court decisions. The Committee notes the Government’s indications in the report that there were three cases of conviction under this section in 2005. Referring to its comments made under Convention No. 87, likewise ratified by Azerbaijan, the Committee requests the Government to provide, in its next report, information on the court decisions passed under section 233 of the Criminal Code and indicate any measures taken or envisaged in order to ensure that no penalties involving compulsory labour can be imposed for having participated in strikes.