Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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Observation

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Article 1 of the Convention. Prohibition of discrimination. Legislative developments. The Committee recalls that section 16(1) of the Labour Code provides for an open list of prohibited grounds of discrimination (using the wording “and other factors unrelated to the professional qualifications, job performance, or professional skills of the employees”) but does not explicitly mention the grounds of “colour” and “national extraction” (i.e. a person’s place of birth, ancestry or foreign origin). It notes from the Government’s report that section 8 of the Law on Employment of 29 June 2018 guarantees equal opportunities to all, irrespective of race, ethnicity, religion, language, gender, family situation, social origin, place of residence, financial situation, convictions and membership of political parties, trade unions and other voluntary organizations, in the exercise of their right to work and to freely choose their employment. The Committee further notes the Government’s repeated indication that a draft law amending the Labour Code will amend section 16(1) of the Labour Code, by inserting “family responsibilities” in the list of prohibited grounds of discrimination in employment and occupation. The Committee also notes, from the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights (CESCR), that while the constitutional and legislative framework contain anti-discrimination provisions, there is no comprehensive anti-discrimination legislation and policy framework (E/C.12/AZE/CO/4, 2 November 2021, paragraph 18). In this regard, the Committee recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention. The Committee requests the Government to continue to strengthen the legislative protection against discrimination in all aspects of employment and occupation by including “colour” and “national extraction” (enumerated in Article 1(1)(a) of the Convention) as prohibited grounds of discrimination in section 16(1) of the Labour Code. It also requests the Government to provide information on the progress achieved towards the amendment of section 16(1) of the Labour Code, which aims to insert “family responsibilities” in the list of prohibited grounds of discrimination.

Articles 2 and 3. Equality of opportunity and treatment between men and women. Private sector. The Committee recalls that it 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 from the Government’s report that there was a particular focus on widening women’s opportunities to find employment or start a business in the ILO Decent Work Country Programme for 2016–2020. It also notes the adoption, in 2018, of the Employment Strategy of Azerbaijan for 2019–2030, which, according to the Government, pays particular attention to supporting women’s employment and ensuring gender equality. The Committee notes the Government’s statement that, in 2017, women represented 48.7 per cent of the labour force and men 51.3 per cent, and that the unemployment rate among women was 6 per cent and 4.2 per cent among men. It also notes that, in 2017, women continued to be over-represented in low-paid sectors such as health and social services (75.1 per cent of women versus 24.9 per cent of men) and education (71.4 per cent of women versus 28.6 per cent of men). The Committee notes the Government’s indication that women account for 53.6 per cent of all scientific workers. Women also represent 45 per cent of secondary school pupils; 48.2 per cent of students in vocational technical education; 48.4 per cent of students in secondary specialist education; and 48.4 per cent of students in higher education and on doctoral programmes. The Committee notes, from the concluding observations of the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), the persisting horizontal and vertical segregation of women and girls in education. The CEDAW also expressed concern: (1) over the persistent barriers to justice for women and girls, including limited knowledge of their rights and the remedies available to claim them, limited capacity of the judiciary and law enforcement officials to apply the Convention and persistent gender stereotypes among the judiciary; (2) that the relevant national action plans, benchmarks and timelines have not yet been finalized or adequately resourced, in particular the draft national action plan on gender equality; (3) over the persistence of patriarchal attitudes and discriminatory stereotypes concerning the roles and responsibilities of women and men in the family and in society, considering women primarily as mothers and caregivers, which impede progress in advancing gender equality; (4) over the absence of a comprehensive strategy to address discriminatory gender stereotypes, and the absence of capacity-building for media professionals and public officials on the use of gender-sensitive language; (5) over the persistence of discriminatory gender stereotypes and stereotypical portrayals of women in educational materials, advertisements and the media; (6) over the concentration of women’s entrepreneurship in low-profit sectors, such as wholesale and retail trade and agriculture, and home-based entrepreneurship; and (7) that older women, women and girls with disabilities, women and girls belonging to ethnic minority groups, internally displaced women and girls, and refugee, asylum-seeking and migrant women and girls continue to face intersecting and aggravated forms of discrimination (CEDAW/C/AZE/CO/6, 12 July 2022, paragraphs 11, 15, 21, 29, 35 and 39). The Committee also notes, from the concluding observations of the Committee on Economic, Social and Cultural Rights (CESCR) that, despite the Government’s efforts to develop a policy framework to promote gender equality, the unequal distribution of unpaid domestic and care responsibilities between men and women remains a significant barrier to gender equality (E/C.12/AZE/CO/4, 2 November 2021, paragraph 20). The Committee therefore once again urges the Government to take steps to: (i) address effectively and without delay gender stereotypes and occupational gender segregation, including through awareness-raising activities; and (ii) adopt targeted 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 also requests the Government to provide information on: (i) the results achieved by any measures taken to these ends, in the framework of the Employment Strategy of Azerbaijan for 2019–2030 or otherwise; and (ii) the adoption, implementation and results of the National Action Plan on Gender Equality 2019–2024.

Exclusion of women from certain occupations. The Committee notes the Government’s indication that, with the aim of broadening women’s opportunities for employment, draft amendments to the Labour Code have been drawn up and submitted for consideration by the Cabinet of Ministers in July 2022. The Committee notes with interest the adoption, in November 2022, of the Law on amending the Labour Code, deleting section 241 of the Labour Code, which previously contained a general prohibition for all women to work in hazardous occupations and workplaces. It notes that, under the new sections 211 and 240 of the Labour Code, the employment of pregnant women and women with children under the age of one year remains prohibited in “productions [and] professions (positions) with harmful and difficult working conditions, as well as underground works”. The Committee further notes with interest the adoption of Cabinet of Ministers Decision No. 172 of 31 May 2023, which repeals Decision No. 179 of 1999, and thus reduces the list of occupations in which pregnant women and women with children below the age of one year cannot be employed, from 700 to 204 occupations. The Committee refers to paragraph 86 of its 2023 General Survey on Achieving Gender Equality at Work, and recalls that lists of types of work or occupations prohibited because of the danger they pose to health, including reproductive health, should be determined on the basis of an assessment based on scientific evidence and progress, as well as technological developments, showing that there are specific risks to the health of women and, if applicable, of men. The Committee requests the Government to continue to review periodically the provisions relating to the protection of persons working under hazardous or difficult conditions and ensure that they are aimed at protecting the health and safety of both men and women at work, while considering gender differences with regard to specific risks to their health.

Article 3(d). Equality of opportunity and treatment between men and women. Public sector. The Committee notes the Government’s statement that a growing number of women are employed in the public administration and the judicial system every year. It notes from the data provided by the Government that women are still largely underrepresented in the public sector (as of January 2021, there were 2,203 women and 3,286 men employed in auxiliary posts; for administrative posts in the fourth to seventh categories, there were 4,520 women and 14,955 men, and in the highest three categories, there were 616 women and 1,092 men). The Committee also notes, from the Government’s report to the CEDAW, that the percentage of women judges has increased from 12.3 per cent in 2018 to 15 per cent in 2019 (CEDAW/C/AZE/6, 31 October 2019, paragraph 112). However, the Committee notes, from the concluding observations of the CEDAW that women are still under-represented in decision-making positions, including in the National Assembly, academia, the judiciary, the public service and the foreign service. The CEDAW also expressed concern at the lack of targeted measures, including temporary special measures, to increase women’s representation in public life (CEDAW/C/AZE/CO/6, paragraph 27). The Committee requests the Government to continue to take measures to improve the representation of women in the public service, including in the judiciary and higher-level and decision-making posts. It requests the Government to provide: (i) information on the results of the actions taken and progress made in this respect; and (ii) updated statistical information, disaggregated by sex, on the distribution of men and women in the public sector, including 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. It notes the Government’s general statement that the National Employment Policy does not allow discrimination on the grounds of religion or ethnicity, and that therefore, there are no statistics on employment disaggregated by religion or ethnicity. The Committee also notes the Government’s indications that: (1) section 5 of the Law on Education of 19 June 2009, guarantees the right to education irrespective of gender, race, language, religion, political beliefs, ethnicity, social situation, origin or health-related abilities; (2) in certain provinces, school books are published in the local language; and (3) the Ministry of Labour and Social Protection has not received any reports of discrimination in the workplace or in employment promotion on the grounds of ethnicity. However, the Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern that: (1) there is a lack of comprehensive statistics on the demographic composition of the population, disaggregated by ethnic or national origin, limiting the ability to properly assess the situation of such groups, including their socioeconomic status, and any progress achieved by implementing targeted policies and programmes; (2) teaching of the languages of ethnic minorities is reduced in school programmes to a few hours per week or relegated to extracurricular classes, and there are insufficient human and financial resources for teaching these languages in schools and insufficient availability of school textbooks; (3) only a few members of ethnic minorities are part of the judiciary; and (4) there is a lack of detailed information on the presence of ethnic minorities in the public sector, elected bodies, and decision-making and high-ranking positions, particularly among women (CERD/C/AZE/CO/10-12, 22 September 2022, paragraphs 6, 24 and 26). The Committee therefore requests the Government to: (i) take the necessary measures to promote equality of opportunity and treatment of members of ethnic and national minorities and stateless persons, in education, vocational training and employment, including in engaging in their traditional activities; (ii) collect and analyse information on their situation in the labour market, as well as on the impact of the measures previously implemented in this regard; and (iii) provide such information.

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