Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Azerbaijan (Ratification: 1993)

Article 5(1) of the Convention. Effective tripartite consultations. The Committee notes the adoption of the Decent Work Country Programme (DWCP) of the Republic of Azerbaijan for 2016−20, whose main objectives include the strengthening of social dialogue mechanisms. In this regard, the DWCP provides that the ILO will supply technical advisory support to the national tripartite constituents to assist them in establishing a national tripartite commission, and in holding effective tripartite consultations on international labour standards in accordance with the requirements of Article 5 of the Convention. The DWCP also envisages the provision of capacity-building for the tripartite constituents and members of the national tripartite commission. In this context, the Committee notes with interest that, on 30 September 2016, the Cabinet of Ministers approved the Decree for the Regulation of the Tripartite Commission for Social and Economic Affairs. The Government indicates that the Tripartite Commission comprises representatives of the Ministry of Labour and Social Protection (MLSPP), the National Confederation of Entrepreneurs (Employers) Organizations (ASK) and the Confederation of Trade Unions of Azerbaijan (CTUA). The main objectives of the Tripartite Commission include consulting on draft legislation in the field of social and labour relations, employment and social security, assisting in the regulation of social and labour relations at the national level, and coordinating work on the drafting of a General Collective Agreement. The Government indicates in this respect that the Tripartite General Collective Agreement for the period 2018−19 was approved by the Cabinet of Ministers on 10 February 2018. The Agreement sets out the position and joint activities of the social partners with respect to the implementation of the State’s socio-economic policy, including the holding of tripartite consultations to develop and implement a socioeconomic policy; and the establishment of a tripartite commission comprising the social partners. In response to the Committee’s previous comments concerning the possible ratification of the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168), the Government indicates that ratification would require fundamental changes in national legislation and that, therefore, this issue is not expected to be examined in the Tripartite Commission in the near future. The Committee also notes that the Government reiterates in its report that it is continuing its efforts to improve the procedure for ratifying ILO Conventions and preparing reports on the application of ratified Conventions. The Committee notes, however, that the Government does not provide concrete information on the content and outcome of tripartite consultations on international labour standards as required under Article 5(1) of the Convention. The Committee therefore once again requests the Government to provide detailed and precise information on the content and outcome of tripartite consultations held on all matters relating to international labour standards covered by the Convention and other activities of the ILO, particularly relating to the questionnaires on the Conference agenda items (Article 5(1)(a)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and reports to be presented on the application of ratified Conventions (Article 5(1)(d)). It further requests the Government to indicate the frequency of the tripartite consultations held to give effect to Article 5 of the Convention.

Article 5(1)(b). Submission to the National Assembly. In its previous comments, the Committee reiterated its request that the Government provide information on the consultations held with the social partners on proposals made to the Milli Mejlis (National Assembly) in connection with the submission of the instruments adopted by the Conference. The Committee refers to its 2019 observation on submission to the competent authorities, where it noted with satisfaction the submission to the Milli Mejlis of the Republic of Azerbaijan on 31 July 2019 of some 27 outstanding instruments adopted by the Conference. The Committee, nonetheless, recalls that the Convention requires governments to consult the representative organizations of employers and workers before finalizing proposals to be submitted to the competent authorities concerning the instruments adopted by the Conference (see 2000 General Survey on Tripartite Consultations, para. 85). The Committee therefore once again requests the Government to provide information on the content and outcome of consultations held with the social partners relative to proposals made to the Milli Mejlis (National Assembly) in connection with the submission of the instruments adopted by the Conference.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages Member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.