Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Articles 2 and 3 of the Convention. Equality of opportunity and treatment between men and women. For a number of years, the Committee has been requesting the Government to take effective measures to address the significant occupational gender segregation in the labour market, and to improve women’s participation rates in sectors or occupations in which they are under-represented. The Committee notes the Strategy “Azerbaijan: Vision 2020”, approved by Presidential Decree on 29 December 2012, pursuant to which the Government shall take measures to create equal opportunities for women and men in the labour market, promote women at work and expand their opportunities to occupy leading positions, and adopt a national action plan on gender equality (section 7.4). The Government indicates in its report that as a result of the State Programme for the Implementation of the Employment Strategy for 2011–15, approved by Presidential Decree No. 1836 on 15 October 2015, measures have been carried out to increase women’s employability and to foster women’s entrepreneurship and self-employment. The Government also indicates that from January 2014 to June 2015, 5,565 persons were enrolled in vocational training, of which 46.2 per cent were women. While welcoming these measures, the Committee notes, however, from the information made available by the State Statistical Committee, the persistent and growing occupational gender segregation in the labour market. It notes, in particular, that, in 2015, most women continued to be employed in low-paid sectors such as health and social services (76.6 per cent against 72.7 per cent in 2011) and education (71.4 per cent against 67.2 per cent in 2011), and represented only 19.7 per cent of private entrepreneurs, as of 1 January 2016. The Committee further notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at: (i) the persistent patriarchal attitudes and stereotypes regarding the roles and responsibilities of women and men in the family and in society which undermine women’s representation in paid employment; (ii) the stereotypical choices of educational fields which translate in the concentration of women in traditionally female dominated professions and the lower admission rate of women compared to men to undergraduate study programmes; (iii) the difficulties encountered by women in gaining access to credit owing to traditional stereotypes of the role of women; and (iv) the limited access by rural women to land and related resources and to economic opportunities (CEDAW/C/AZE/CO/5, 12 March 2015, paragraphs 20, 28, 34 and 36). The Committee therefore urges the Government to address effectively and without delay gender stereotypes and traditional assumptions regarding women’s aspirations and capabilities which result in occupational gender segregation, and to adopt specific measures to improve the participation rates of women in those economic sectors and occupations in which they are under-represented, including by encouraging girls and young women to choose non-traditional fields of studies and career paths and enhancing women’s participation in vocational training courses leading to employment with opportunities for advancement and promotion. It requests the Government to provide information on the results achieved by any measures taken to this end, including in the framework of the State Programme for the Implementation of the Employment Strategy for 2011–15 and the Strategy “Azerbaijan: Vision 2020”, in accordance with Article 3(f) of the Convention. The Committee further asks the Government to indicate if a national action plan on gender equality has been developed, in collaboration with employers’ and workers’ organizations, and provide a copy of such plan once adopted.

Exclusion of women from certain occupations. Since 2002, the Committee has repeatedly raised concerns regarding the prohibition of the employment of women in certain jobs, pursuant to section 241 of the Labour Code, as well as the extensive list of hazardous workplaces and occupations which are prohibited for women by virtue of Decision No. 170 of 20 October 1999. It notes the Government’s indication that, having regard to the requirements of the Convention, work is still ongoing in order to repeal the list of occupations from which women are excluded, and a bill has been drafted to amend section 241 of the Labour Code. The Committee urges the Government to step up its efforts to repeal without delay the list of occupations for which women are excluded, and to ensure that special protective measures are strictly limited to protecting maternity and not aimed at protecting women generally because of their sex or gender, based on stereotyped assumptions about their capabilities and appropriate role in the family and society. The Committee requests the Government to provide information on any progress made in this regard.

Article 3(d). Public sector. The Committee notes from the data collected by the State Statistical Committee that out of 31,123 public officials, only 29.2 per cent were women, as of 1 January 2016. Of those, only 3.8 per cent were employed in the “superior 3 classifications”; 56.4 per cent in the “4 to 7 classifications”; and 39.7 per cent in the “supplementary posts” of the public service. Furthermore, women represented only 12 per cent of the judges in 2015. The Committee recalls that the Convention requires the State to pursue the national equality policy in respect of employment under the direct control of a national authority (Article 3(d)). The Committee requests the Government to take measures to improve the representation of women in the judiciary and in public service, including in higher-level and decision-making posts, and to provide information on the results of the actions taken and progress made in this respect. The Committee requests the Government to include statistical information, disaggregated by sex, on the distribution of men and women in the public sector and the judiciary.

Equal opportunity and treatment of ethnic and national minorities. Since 2005, the Committee has repeatedly raised concerns regarding discrimination faced by members of ethnic minorities in the fields of employment and education, and had requested the Government to indicate the measures taken or envisaged to promote equality of opportunity and treatment of members of the different ethnic minorities. The Committee notes with regret that the Government once again does not provide any information in this regard. It notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights expressed concern that minorities, particularly the Lezghin and the Talysh populations, continue to be the victims of widespread discrimination, in particular in employment (E/C.12/AZE/CO/3, 5 June 2013, paragraph 8). It further notes that, in its March 2016 report, the European Commission against Racism and Intolerance (ECRI), while welcoming the Government’s efforts to improve the historical minorities’ access to public services and to the labour market, indicated that many minorities inhabiting rural and mountainous areas still suffer from higher degrees of poverty and below-average education services, this being detrimental to access to education for children belonging to minorities. ECRI also indicated that several thousand ethnic Azerbaijanis originating from Georgia and other former Soviet republics were still stateless and that Roma communities living in remote areas were lacking basic legal documentation, which resulted in an extremely vulnerable socio-economic situation without access to the education system (CRI(2016)17, 17 March 2016, paragraphs 56, 57 and 58). The Committee recalls that a national policy to promote equality of opportunity and treatment, as envisaged in Articles 2 and 3 of the Convention, should include measures to promote equality of opportunity and treatment of members of all ethnic groups, including non-nationals, with respect to access to vocational training and guidance, placement services, employment and particular occupations, and terms and conditions of employment (2012 General Survey on fundamental Conventions, paragraphs 765 and 777). The Committee urges the Government to provide, without delay, detailed information on the specific measures taken or envisaged to promote equality of opportunity and treatment of members of different ethnic and national minorities and stateless persons, in education, vocational training and employment. Recalling the importance of developing means to assess the progress made in the implementation of the national policy to promote equality, including studies and surveys, the Committee requests the Government to collect and analyse information on the situation of ethnic and national minorities in the labour market, as well as on the impact of the measures previously implemented to ensure their effective protection against discrimination with respect to access to education, vocational training and employment. The Committee requests the Government to provide such information without delay.

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