Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes that the information contained in the Government’s report is almost identical to that in its previous report. It hopes that the Government will provide in its next report full information on the following matters.

1. Article 1 of the Convention. Application of legislation. With reference to its previous comments regarding national legislation to give legal expression to the principle of the Convention, in particular the Employment Act of 2001 and the revised Labour Code, the Committee recalls that the Convention not only calls for legislative measures but also for efforts to ensure its application in practice. In the absence on any further information in the Government’s report on this point, the Committee reiterates its request to the Government to provide information on the impact of the new legislation on the enjoyment of equal opportunities and treatment in employment and occupation, particularly of women and ethnic minorities.

2. The Committee regrets that the Government once more fails to provide any explanation regarding the application of section 21 of the Criminal Code. The Committee was concerned that section 21, by virtue of which socially dangerous acts are subject to punishment, including the deprivation of the right to hold certain posts or to carry out certain types of activities, as well as dismissal from office, may lead to discrimination on the basis of political opinion. It recalled that Article 4 of the Convention must be narrowly interpreted in order to avoid undue limitations on the protection against discrimination, which the Convention seeks to guarantee (General Survey, 1988, paragraphs 134-138). The Committee therefore urges the Government to provide, in its next report, information on the definition of "socially dangerous acts" which constitute crimes under section 21 of the Criminal Code, and on the application of this section in practice, such as examples of any cases brought before courts which have resulted in the punishment referred to above. The Government is also requested to indicate whether the individuals, to whom section 21 has been applied, have the right to appeal against court decisions restricting their access to or security of employment.

3. Discrimination on the basis of race, religion and national extraction. The Committee notes the concerns raised by the Committee on the Elimination of Racial Discrimination (CERD) and the Committee on Economic, Social and Cultural Rights (CESCR), regarding incidents of racial discrimination against Armenians (CERD/C/AZE/CO/4, 14 April 2005, paragraph 10) and the persistent de facto discrimination against foreign citizens, ethnic minorities and stateless persons in the fields of housing, employment and education (E/C.12/1/Add.104, 14 December 2004, paragraph 15). The Committee further notes the concern expressed by CERD in its concluding observations that no cases invoking the relevant provisions of the Criminal Code concerning racial discrimination have been brought before the courts. Concerned by this information, the Committee urges the Government to provide information on measures taken or envisaged to address discrimination on the grounds of race and national extraction in its next report. Please also provide information on the number and outcome of any cases handled by the courts with respect to racial discrimination. Recalling the importance of developing means to assess the progress made in the implementation of the national policy to promote equality, the Committee reiterates its request to the Government to provide any information on the situation of religious and ethnic minorities in the labour market, such as studies, surveys, or statistical information.

4. Referring to its previous comment in which it noted with interest the measures taken by the Government to enhance educational opportunities for ethnic minorities, the Committee encourages the Government to continue to provide similar information in its next report, including information on the level of the overall educational attainment of the various ethnic groups and their participation in vocational training (citizens and non-citizens).

5. Discrimination on the basis of sex. Sexual harassment. The Committee notes with interest the ratification of the European Social Charter by the Republic of Azerbaijan on 6 January 2004. It further notes that thereupon section 31 of the Labour Code has been amended. It now provides that parties to a collective agreement shall be mutually responsible for raising awareness about the inadmissibility of giving offence and committing hostile actions at the workplace or in connection with work, including with regard to issues of sexual harassment, and for taking relevant measures to prevent such actions. The Committee asks the Government to provide information on the application in practice of the aforementioned provision, including on any educational or awareness-raising activities undertaken by or in cooperation with the social partners to promote equality of opportunity and treatment of all groups protected under the Convention. The Committee also reiterates its request to the Government to provide the text of sections 150-153 of the Criminal Code which provide for criminal sanctions for sexual harassment and information on their application in practice.

6. The Committee recalls once more its previous comments on section 241 of the Labour Code prohibiting the employment of women in certain jobs. It also recalls the extensive list of hazardous workplaces and occupations, which are prohibited for women by virtue of Decision No. 170 of 20 October 1999. Noting that the Government’s report does not provide any further information on this matter, the Committee is bound to repeat its request to the Government to provide information on the reasons that justify the specific limitations and restrictions on women in the abovementioned legislation. Further, the Committee asks the Government to consider the possibility of re-examining these restrictions, in consultation with representatives of workers and employers and with women workers, if possible, with a view to assessing whether it is still necessary to prohibit the access of women to certain occupations, in view of the principle of equality, improvements in conditions of work and changing attitudes.

7. Promotion of equality of opportunity and treatment between men and women. The Committee notes from the concluding observations of the CESCR (E/C.12/1/Add.104, 14 December 2004, paragraphs 16, 34-35) the establishment of the Office of the Human Rights Commissioner and of the State Committee on Women’s Affairs as well as the adoption of a National Plan of Action on women’s issues. However, the Committee also notes the concern raised by the CESCR regarding the persistent gender inequalities, particularly in the field of employment, and the high unemployment rate among women. Noting that the Government’s report remains silent on these issues, the Committee requests the Government to provide in its next report full information on the measures taken or envisaged to ensure the application of the principle of equality of opportunity and treatment between men and women, including information on the activities of the Human Rights Commissioner and the State Committee of Women’s Affairs. Please also provide information on the objectives and content of the activities under the National Plan of Action related to the promotion of equality of opportunity and treatment in employment and occupation, as well as information on its implementation. Further the Committee reiterates its request to the Government to provide statistical information on labour force participation and unemployment, disaggregated by sex and economic sector, including the public service.

8. Recalling the Government’s statement that it would provide information on the activities of the State labour inspection established in 1997, which exercises control over the observance of labour legislation, including discrimination issues, the Committee hopes that the Government will provide such information in its next report.

9. The Committee also reiterates its request to the Government to provide information on measures taken to seek the cooperation of workers’ and employers’ organizations in accordance with Article 3(a) of the Convention.