Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Azerbaijan (Ratification: 2004)

Article 6 of the Convention. Programmes of action. National action plan to combat trafficking in persons. The Committee previously noted that within the framework of the approval of the National Action Plan Against Trafficking in persons 2009–13 (NAP), several normative legal acts and regulations on trafficking in persons, including regulations on assistance and repatriation of victims of trafficking, were approved; a National Coordinator on combating trafficking in persons was appointed; a department for combating trafficking in persons, which is a special police unit, was established under the Ministry of Internal Affairs; a centralized database to collect and analyse information regarding criminal cases of trafficking in persons was established; hotline services for victims and potential victims of trafficking were made functional; and a safe assistance centre rendering medical, psychological, legal and other assistance to victims of trafficking was established. The Committee finally noted that preparatory work on the third NAP 2014–18 had been completed with special focus on trafficking for the purpose of labour exploitation.

The Committee notes, from the Government’s report, that in 2016, the detection of cases of forced labour and trafficking in persons rose by 30 per cent. The Government does not indicate the percentage of cases involving victims under the age of 18 years, but the Government states that it is currently in the process of improving its recording system to provide up-to-date statistics.

The Committee notes, from the Government’s reply to the questionnaire of the Group of Experts on Action against Trafficking in Human Beings (GRETA) for the evaluation of the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings of 2017, that within the framework of the NAP 2014–18, various measures were taken to provide assistance and protect child victims of human trafficking (GRETA(2017)21, page 3). The Committee also takes due note of the numerous awareness-raising activities organized in primary vocational education institutions and secondary schools and with at-risk groups, against the dangers of trafficking in persons and child labour exploitation (pages 21–22). Finally, the Committee also takes due note of the various efforts made by the Government to reintegrate children in school when they were found to be out of the education system. The Committee requests the Government to continue its efforts to combat child trafficking through the adoption of programmes and plans of action. It also encourages the Government to improve its recording system in order to provide information on the number of child victims of trafficking who were identified.

Article 7. Clause (b). Effective and time-bound measures. Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Sale and trafficking of children. The Committee previously noted that there are two state-run shelters in the area of Baku and three shelters run by NGOs which accommodate victims and potential victims of trafficking.

The Committee notes the Government’s indication that the Programme for the Social Rehabilitation of Child Trafficking Victims was approved. It also notes the Government’s indication that the Centre for Victims of Trafficking in Persons, under the authority of the Ministry of Labour and Social Protection, has been offering various forms of help to people in need of legal, psychological and medical aid, and other types of assistance. Furthermore, from the Government’s reply to the GRETA 2017, the Committee notes the detailed information concerning assistance provided to victims of trafficking in persons: placing them in shelters; providing medical, psychological and legal assistance; providing clothing; providing a lump-sum allowance; and transferring them to centres of assistance (pages 48–53). The Committee notes, however, that this information concerns all victims of trafficking, and that the Government does not provide information specifically aimed at assisting child victims. The Committee takes due note of the efforts taken to provide direct assistance to victims and requests the Government to provide information on the number of child victims of trafficking under the age of 18 years who have received assistance, including those who were successfully reintegrated.

Clause (d). Children at special risk. 1. Street children. In its previous comment, the Committee noted that more than 90 per cent of all street children in Azerbaijan were concentrated in the Baku area and the majority came from rural areas; most of them did not have a birth certificate and only a small number attended school. Poverty and lack of support from families appeared to be the main causes of children living on the streets.

The Committee notes the Government’s indication that 502 street children who engaged in begging were identified during police raids. Although the Government indicates that these children were not found to be victims of trafficking in persons, it does not provide information on whether they were provided with any assistance. The Committee takes due note of the Government’s statement that it has financed the construction of 120 flats to house children deprived of parental care and those leaving foster care who have no family to return to. The Government further indicates that a new social shelter will be opened before the end of 2017, to provide shelter and rehabilitation for abandoned, neglected or at-risk children. The Committee requests the Government to pursue its efforts to protect street children from the worst forms of child labour and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

2. Refugee and displaced children. The Committee noted that Azerbaijan is home to a large displaced population with over 1 million refugees, internally displaced persons and families seeking asylum, and that many refugee children remained without access to primary education. The Committee further noted that although the Government had taken several measures to improve the living conditions of refugees, including by building 106 schools and 34 kindergartens to accommodate 1,276 new children, the significant number of displaced persons posed a major challenge for educational access in the country.

The Committee notes that the Government does not provide any information in this regard. It notes, however, from the Government’s reply to the GRETA 2017, that it has conducted awareness-raising activities for migrants and stateless persons, in particular women and children, as they are the most vulnerable to human trafficking (page 11). The Committee further notes that in its concluding observations of 2015, the Committee on the Elimination of Discrimination against Women (CEDAW) is concerned that internally displaced girls face a high risk of labour exploitation and trafficking, poverty, and discrimination in access to education. The CEDAW also expressed concern over the low secondary school attendance rate in settlements for refugees and internally displaced persons (CEDAW/C/AZE/CO/5, paragraphs 12 and 28). The Committee encourages the Government to continue its efforts to protect refugee and displaced children from the worst forms of child labour, focusing in particular on access to free, quality basic education. It requests the Government to provide information on the measures taken in this regard and on the results achieved.