Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would supply, with its next report, copies of the legislation in force in the following fields: Correctional Labour Code and legislation concerning the execution of penal sentences; the laws governing the press and other media; legislation concerning political parties; the law governing the civil service; and any provisions governing labour discipline in merchant shipping. Please also provide additional information on the following points.

Article 1(a) of the Convention. 1. The Committee notes that, under section 169.1 of the Criminal Code, "organization or participation in a prohibited public assembly" is punishable with correctional work or deprivation of freedom for a term of up to two years (which involves compulsory prison labour). It also notes that similar penal sanctions are provided for in section 233 of the Criminal Code for the "organization of group actions violating public order". Noting also the provisions of sections 7 and 8 of the Act on the freedom of assembly, of 13 November 1998, concerning the restriction and prohibition of public assemblies in order to ensure public order and to defend public interests, the Committee requests the Government to provide, in its next report, information on the application in practice of sections 169.1 and 233 of the Criminal Code, including copies of any court decisions which could define or illustrate their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

2. The Committee notes that the Criminal Code provides for sanctions of imprisonment (involving compulsory prison labour) for "inflaming of the national, racial or religious enmity" (section 283.1). The Committee asks the Government to provide information, in its next report, on the application of this provision in practice, supplying copies of any court decisions defining or illustrating its scope, so as to enable the Committee to ascertain its conformity with the Convention.

Article 1(c). 3. The Committee notes that, under section 314.1 of the Criminal Code, the non-performance or improper performance by an official of his duties as the result of a negligent attitude, causing substantial harm to legitimate rights and interests of persons or organizations, or to state interests, is punishable by correctional work or by deprivation of freedom (which involves compulsory prison labour). In order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention, please supply information on its application in practice, including copies of any court decisions defining or illustrating its scope.

4. Please also supply with the next report a copy of the discipline regulations concerning sea and river transport, to which reference is made in section 184 of the Labour Code, 1999, as well as any other provisions applicable to seafarers in cases of breaches of labour discipline such as desertion, absence without leave or disobedience.

Article 1(d). 5. The Committee notes that section 233 of the Criminal Code provides for sanctions of imprisonment (involving compulsory labour) or correctional work 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 requests the Government to indicate, in its next report, whether section 233 is applicable to participants in unlawful strikes and to supply information on its application in practice, including copies of any relevant court decisions. Referring also to its comments made under Convention No. 87, likewise ratified by Azerbaijan, the Committee requests the Government to indicate any measures taken or envisaged in order to ensure that no penalties involving compulsory labour can be imposed for having participated in strikes.