Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 29) sur le travail forcé, 1930 - Azerbaïdjan (Ratification: 1992)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. (a) Plan of action. The Committee notes the absence of specific information concerning the National Plan of Action (NAP) against Trafficking for the period 2020–24 in the Government’s report. The Committee further notes that the United Nations Committee on the Elimination of Discrimination against Women, in its 2022 concluding observations, expressed concern about challenges in the implementation of the NAP 2020–24 (CEDAW/C/AZE/CO/6). The Committee requests the Government to provide information on any assessment conducted concerning the implementation of the NAP 2020–24 and indicate the results achieved and the difficulties encountered in this respect. It further requests the Government to indicate whether a new NAP against trafficking is being developed and implemented.

(b) Prosecution and application of penal sanctions. The Government indicates that under section 144-1 (trafficking in persons) of the Criminal Code, there were 156 cases of trafficking registered in 2021, 157 in 2022, 159 in 2023, and 121 in the first six months of 2024. The Committee also notes that the Group of Experts on Action against Trafficking in Human Beings (GRETA) concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Azerbaijan, in its Report of 2023, welcomed the increase in the number of convictions and the decrease in the number of suspended sentences. However, the GRETA urged to strengthen efforts to investigate and prosecute cases of trafficking for the purpose of labour exploitation, including by increasing cooperation between labour inspectors and the police. The Committee requests the Government to pursue its efforts to ensure prompt and effective investigations that can lead to prosecutions and the imposition of sufficiently dissuasive penalties on perpetrators of trafficking in personsfor the purposes of both labour and sexual exploitation. The Committee requests the Government to continue to provide data on the application of section 144-1 (trafficking in persons) of the Criminal Code, specifying the number of prosecutions and convictions, as well as the types of penalties applied.

(c) Identification and protection of victims. The Government indicates that 95 victims of trafficking were identified in 2021, followed by 94 in 2022, 91 in 2023, and 41 in the first six months of 2024. It further indicates that the identified victims were exploited in Türkiye, the Russian Federation, the Islamic Republic of Iran, the United Arab Emirates, and Azerbaijan. The Committee takes due note of the information provided by the Government on the number of victims of trafficking who received various forms of support, including vocational training, employment opportunities, accommodation, temporary residence permits, assistance in obtaining identity documents, legal assistance, as well as psychological and medical treatment for the period between 2021 and the first six months of 2024. The Government also provides information on the financial assistance provided to victims and potential victims of trafficking.

The Committee requests the Government to pursue its efforts to ensure that all victims of trafficking for both sexual and labour exploitation are identified, and appropriate protection and assistance is provided to them. It further requests the Government to continue to provide information on the number of victims who have been identified and who have received the services offered.

2. Vulnerable situation of migrant workers. The Government indicates that the State Migration Service carries out practical activities to ensure the rights and freedoms of foreign citizens and stateless persons, including preventing trafficking in persons and combating forced labour, in line with national legislation and international standards. According to the Government, the State Migration Service has elaborated and implemented its own National Plan of Action in connection with the implementation of the NAP 2020–24. Between 2023 and the first seven months of 2024, 58 complaints were filed with the State Labour Inspection Service regarding violations of the rights of migrant workers, and appropriate measures were taken to restore their rights. The Government also refers to the conclusion of bilateral agreements with Hungary, Tajikistan, and Uzbekistan relating to the protection of the rights of labour migrants, social security matters, information exchange between States, ensuring access to information from state bodies for labour migrants, and the legalization of the status of migrants where necessary.

The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination, in its 2022 concluding observations, expressed concern about reports that migrant workers face harsh working conditions, abuse and exploitation, are subjected to discrimination, including with regard to remuneration, and are vulnerable to trafficking (CERD/C/AZE/CO/10-12). While noting the measures taken by the Government, the Committee requests it to strengthen its efforts to prevent migrant workers from becoming victims of abusive practices and conditions of work that would amount to forced labour. It further requests the Government to ensure that migrant workers have access to justice and remedies regardless of their status. The Committee also requests the Government to provide information on the nature of the violations related to migrant workers’ rights identified by the State Migration Service or law enforcement bodies.

Article 2(2)(a). Work exacted under compulsory military service laws for non-military purposes. In its previous comments, the Committee noted that, according to section 3.2 of the Act on Military Duty and Military Service of 2011, military service is compulsory for all male citizens who have reached 18 years of age. The Committee further noted that, under section 9(1) of the Act on the Status of Military Personnel of 1991, military servicemen, during the period of their service, may be made to perform work or other tasks not related to military service, in accordance with the procedure laid down by the President of the Republic of Azerbaijan. The Government, however, indicated that the above-mentioned provision had not been applied in practice. The Committee recalled that Article 2(2)(a) of the Convention excludes work or service exacted by virtue of compulsory military service laws from the prohibition of forced labour only if such work or service is of a purely military character. It also recalled that the provisions of the Convention relating to compulsory military service do not apply to career military personnel, and the Convention consequently is not opposed to the performance of non-military work by military personnel serving in the armed forces on a voluntary basis. 

The Committee notes with deep regret the absence of information from the Government on this point. The Committee urges the Government to take the necessary measures to amend section 9(1) of the Act on the Status of Military Personnel in order to ensure that any work or task exacted by virtue of compulsory military service laws is limited to work of a purely military nature. It also requests the Government to provide information on the cases in which persons performing compulsory military service can be requested to perform duties which are not specific to military activities, including the number of persons concerned and the types of work carried out.

Article 2(2)(c). (a) Work of prisoners for private enterprises. The Committee previously noted that, according to section 95.1 of the Code on the Execution of Penal Sentences, every convicted person is under an obligation to work, such work being exacted from convicts either at enterprises and workshops of the penitentiary institutions or at other enterprises, outside the penitentiary institution, including private enterprises. While noting that, under the Code on the Execution of Penal Sentences, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee observed that, under the legislation in force, the formal consent of prisoners to work for private enterprises is not required. The Committee recalled that work by prisoners for private entities can be held compatible with the Convention only where the necessary safeguards exist to ensure that the prisoners concerned accept such work voluntarily, without being subjected to pressure or the menace of any penalty, and that the conditions of such work approximate those of a free labour relationship.

The Committee notes with deep regret the absence of information from the Government on this point. It once again requests the Government to take the necessary measures to ensure, both in legislation and in practice, that work may only be performed by prisoners in private enterprises with their free, formal and informed consent. The Committee also requests the Government to supply sample copies of contracts concluded between a private enterprise and a penitentiary institution, as well as any contracts between prisoners and a private company.

(b) Sentences of public work. The Committee previously observed that sections 42(0)(4) and 47 of the Criminal Code provide, among the penal sanctions that can be imposed by courts, the penalty of public work, which consists of an obligation to perform socially useful work during a period from 240 to 480 hours. The Committee notes with regret the absence of information from the Government on this point. The Committee once again requests the Government to indicate the nature of institutions for which offenders may perform socially useful work, and to provide examples of the types of work that may be required under this penalty. Please also indicate if the courts have handed down such a penalty.

(c) Sentences of correctional work. The Committee previously observed that, pursuant to sections 42(0)(6) and 49(1) of the Criminal Code, courts can impose on offenders a penal sanction of correctional work for a period of two months to two years. According to section 40 of the Code on the Execution of Penal Sentences and section 49(2) of the Criminal Code, correctional work is performed at the offender’s main place of work and up to 20 per cent of his/her earnings is collected for the State. In case an offender does not have a job, he/she shall register within the employment agency and cannot refuse a job offered to him/her (section 43 of the Code on the Execution of Penal Sentences). The Committee notes with regret the absence of information from the Government on this point. The Committee recalls that, pursuant to Article 2(2)(c) of the Convention, in order not to constitute forced labour, the work exacted as a consequence of a conviction in a court of law must be performed under the supervision and control of a public authority and must not be carried out for private entities. The Committee once again requests the Government to provide examples of jobs that may be offered by the employment agency and to indicate the nature of institutions for which offenders may perform such work. Please also indicate if the courts have handed down decisions in which sentences of correctional work have been imposed and indicate the number of cases in which the convicted person had to accept a job offer from the employment agency in accordance with section 43 of the Code on the Execution of Penal Sentences.