Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Gender equality in employment and occupation. The Committee notes the adoption of the “Gender programme on transforming into reality the Employment Strategy for 2007–10” setting out the strategy to address issues regarding the employment of women and provide gender equality in employment. The Government’s report contains general information that indicates that measures are being implemented under this programme in order to: monitor the employment quotas for citizens in need of protection established pursuant to Decree No. 213 of 22 November 2005; improve the competitiveness of women in the labour market through vocational training; and investigate the reasons for women’s unemployment. The Committee notes, however, that the Government does not provide any indication with respect to the type and the coverage of the measures implemented during the reporting period and their impact on gender equality. The Committee further notes that the “Integrated programme of Azerbaijan on combating day-to-day violence in a democratic society” was approved in 2007. According to the Government’s report, this programme provides for the development of strategic plans aiming at prohibiting discrimination based on gender and other characteristics. Furthermore, the Government indicates that, within the framework of the Decent Work Country Programme, measures are being taken to develop women’s entrepreneurship and pilot projects are being conducted on women’s self employment. The Committee welcomes the adoption of various programmes to promote gender equality and address sex discrimination and requests the Government to provide specific information on progress made regarding the following:

(i)    the implementation of measures taken to promote gender equality under the Gender Programme to implement the Employment Strategy;

(ii)   any strategic plan adopted with a view to prohibiting discrimination; and

(iii)  measures implemented within the framework of the Decent Work Country Programme.

Please include indications of the time frame for such measures and action and their impact on achieving equality between men and women in employment and occupation. The Committee further requests the Government to communicate the results of the study concerning the reasons for women’s unemployment.

The Committee welcomes the statistical data provided by the Government on the situation of women in the labour market. This data for 2008 shows that women were basically concentrated in education – they represented 72.5 per cent of the workers employed in this sector – health and social services (71.3 per cent) and manufacturing (60 per cent), thereby demonstrating significant horizontal gender segregation in the labour market. There also appears to be vertical gender segregation as according to the report submitted by Azerbaijan to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), only 2 per cent of the women employed in state bodies are in decision-making positions (CEDAW/C/AZE/Q/4/Add.1, paragraph 16). The Committee further notes that the CEDAW in its concluding observations expressed regret at the lack of correlation between women’s education levels and economic opportunities and noted with concern that women continue to be concentrated in traditional female education subjects (CEDAW/C/AZE/CO/4, 7 August 2009, paragraphs 29 and 32). The Committee requests the Government to take concrete action to address the horizontal and vertical gender segregation in the labour market and to adopt concrete measures to improve the participation rates of women in those economic sectors and occupations in which they are under-represented, including through their participation in a wider range of vocational training courses leading to employment with opportunities for advancement and promotion. It further requests the Government to provide information on the measures taken or envisaged to address the stereotypes and assumptions regarding women’s aspirations and capabilities, as well as regarding their suitability for certain jobs, and to promote equal sharing of family responsibilities.

The Committee further notes that the Government affirms once again its intention to develop and submit to the relevant bodies for review a proposal to improve the labour legislation with a view to prohibiting discrimination in employment on the basis of gender and other characteristics and notes with interest that it has recently ratified the Workers With Family Responsibilities Convention, 1981 (No. 156). The Committee also notes that the Government is considering ratifying the Maternity Protection Convention, 2000 (No. 183), and is taking measures to improve the enforcement of labour legislation by the State Labour Inspection. The Committee requests the Government to indicate the progress made in the examination of the national legislation with a view to ensuring compliance with international labour standards on gender equality and the examination of the possibility of ratifying the Maternity Protection Convention, 2000 (No. 183).

Equal opportunity and treatment of ethnic minorities. For a number of years, the Committee has raised concerns regarding discrimination faced by members of ethnic minorities in the fields of employment and education. The Government has provided very little information in reply to the Committee’s specific requests, especially as regards the implementation of the Convention’s principles in practice through concrete measures. The Government indicates that the “Integrated programme of Azerbaijan on combating day-to-day violence in a democratic society” provides for the development of strategic plans aiming at prohibiting discrimination based on gender and other characteristics and it reiterates that the national legislation prohibits discrimination against ethnic minorities. The Committee recalls that it is not sufficient to prohibit all kinds of discrimination, either by national legislation or by any other means in order to apply the Convention. Specific action must also be taken at the national level to help promote the essential conditions for all workers to benefit in practice from equality in employment and occupation, and special measures may be needed to compensate for imbalances resulting from discrimination (Special survey on equality in employment and occupation, 1996, paragraphs 135–137, 279). The Committee notes further that in its concluding observations the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern about significant disparities in the enjoyment of economic, social and cultural rights that persist in Azerbaijan and particularly affect ethnic groups in rural and mountainous and remote areas (CERD/C/AZE/CO/6, 7 September 2009, paragraph 6). The Committee requests the Government to provide detailed information on any concrete measures taken and action undertaken to promote equality of opportunity and treatment of members of different ethnic minorities in education, training and employment, within the framework of any strategic plan aimed at prohibiting discrimination based on gender and other characteristics or under the Employment Strategy (2006–15). It requests the Government to provide information on the progress achieved in this respect, including the implementation of the employment quota system with respect to members of ethnic minorities, as well as statistical information, disaggregated by sex, on the economic activities of the different ethnic groups, based on the data from the census which was to be conducted in April 2009.

The Committee is raising other points in a request addressed directly to the Government.