Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Abolition of Forced Labour Convention, 1957 (No. 105) - Azerbaijan (Ratification: 2000)

Other comments on C105

Observation

Direct Request

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Article 1(c) of the Convention. Disciplinary sanctions applicable to public officials. In its previous comments, the Committee noted that section 314.1 of the Criminal Code provides for sanctions of correctional work or deprivation of freedom (involving compulsory labour) for the non-performance or improper performance by public officials of their duties as the result of a negligent attitude, causing substantial harm to the legitimate rights and interests of persons or organizations, or to state interests. The Committee requested the Government to provide information on the application of section 314.1 of the Criminal Code in practice.

The Committee notes the information provided by the Government in its report indicating that, under section 314.1 of the Criminal Code, nine persons were convicted in 2019; seven persons in 2020; and four persons in the first half of 2021. The Committee recalls that, under Article 1(c) of the Convention, sanctions involving compulsory labour should not be applied as a means of labour discipline. However, the Committee has considered that in cases where sanctions (involving compulsory labour) are imposed on persons responsible for breaches of labour discipline that impair or are liable to endanger the operation of essential services, or which are committed either in the exercise of functions that are essential to safety or in circumstances where life or health are in danger, there must exist an effective danger, not mere inconvenience (2007 General Survey on the eradication of forced labour, paragraph 175). The Committee requests the Government to continue providing information on the application of section 314.1 of the Criminal Code, indicating the facts pursuant to which the court decisions were handed down and the penalties imposed, in order to enable the Committee to ascertain the scope of this provision and its compatibility with the Convention.

Article 1(d). Sanctions for participating in strikes. The Committee previously noted that, pursuant to section 233 of the Criminal Code, sanctions of imprisonment or correctional work (involving compulsory labour) may be imposed for the organization of group actions violating public order and resulting in disturbances of operation of transport or work of enterprises, institutions or organizations. The Committee observed that section 233 of the Criminal Code is worded in broad terms and provides for sanctions involving compulsory labour for the peaceful participation in group actions. The Committee further noted that, although the Government had provided information on the number of convictions made under section 233 of the Criminal Code, it had not indicated whether those cases were related to participation in strikes.

The Government indicates that, under section 233 of the Criminal Code, one person was convicted in 2018; three persons in 2019; no one in 2020; and 37 persons in the first half of 2021. The Committee once again observes, however, that the Government has not indicated whether such convictions were related to participation in strikes. It also notes the rise in the number of convictions under section 233 of the Criminal Code. The Committee therefore reiterates its request to the Government to indicate whether any case of prosecution or conviction handed down under section 233 of the Criminal Code involved participation in strike action and the penalties imposed.

[The Committee asks the Government to supply full particulars to the Conference at its 110th Session and to reply in full to the present comments in 2022.]