Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 3 of the Convention. Clause (a). Worst forms of child labour. All forms of slavery and practices similar to slavery. Sale and trafficking of children. The Committee had previously noted that section 144–1.2.3 of the Amendment Law of 2006 prohibits the trafficking of children for labour or sexual exploitation. It had also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of March 2006 (CRC/C/AZE/CO/2, paragraph 65), expressed its serious concern about the fact that Azerbaijan’s territory was increasingly being used by an international network of trafficking in persons, especially women and children. It further noted that according to a report of the United Nations Office on Drugs and Crime (pages 18 and 95) entitled Trafficking in Persons: Global Patterns, published in April 2006, Azerbaijan was reported as a country of origin for trafficking in persons.

The Committee notes that, while the Government states that it has sent a report received from the Ministry of Justice of the Republic of Azerbaijan which contains data related to the prosecutions and sanctions applied for violations of the legal prohibitions on the trafficking of children, no such report has been supplied. The Committee notes, however, that according to the Global Report on Trafficking in Persons of February 2009, published by the United Nations Office on Drugs and Crimes (UNODC), the Special Police Agency to combat trafficking in persons established within the Ministry of Interior consists of about 50 police officers dedicated to counter-trafficking activities. It also notes the information in a report entitled Trafficking in Persons Report, 2010-Azerbaijan (available on the website of the Office of the High Commissioner for Refugees, www.unhcr.org) that, in 2008, 66 trafficking investigations were conducted, out of which 61 offenders were prosecuted and convicted, and in 2009, 80 trafficking investigations were conducted, out of which 76 offenders were prosecuted. In 2010, 62 trafficking offenders were convicted, out of which 28 offenders were issued sentences ranging from one to five years’ imprisonment, 15 offenders with five to ten years’ imprisonment and 18 persons were issued a suspended sentence. The Committee requests the Government to continue taking measures to ensure in practice the protection of children under 18 years of age against sale and trafficking, particularly with regard to the prosecution and punishment of offenders. It also requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibitions with regard to the sale and trafficking of children under 18 years of age.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted section 171.1 of the Criminal Code which makes it an offence for any person to involve a minor in prostitution. It had also noted that section 152 of the Criminal Code provide for penalties for the offence of having sexual relations or other actions of a sexual nature with a person who has not reached the age of 16 years. Observing that the Criminal Code did not appear to prohibit the use of a child under 18 years of age as a prostitute, the Committee had requested the Government to take the necessary measures in this regard. The Committee notes the absence of information in the Government’s report on this point. Reminding the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution constitutes one of the worst forms of child labour and that, by virtue of Article 1, the member States are required to take the necessary measures to prohibit the worst forms of child labour, the Committee urges the Government to take the necessary measures to ensure that the use of a child under 18 years of age for prostitution is prohibited, as well as applicable penalties.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously observed that section 242 of the Criminal Code which prohibits the manufacture, distribution and advertising of pornographic material did not prohibit the use, procuring or offering of children in the production of pornographic materials or pornographic performances. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances, as well as applicable penalties.

Article 4, paragraph 1. Determination of the types of hazardous work. In its previous comments, the Committee had noted the Government’s indication that Resolution No. 58 of the Cabinet of Ministers of 24 March 2000 approved a list of arduous and hazardous industries or occupations in which the employment of persons under 18 years of age is prohibited. Observing that the list of hazardous types of work was adopted in 2000, and noting that it has not been supplied by the Government as requested by the Committee in its previous comments, the Committee expresses the firm hope that a copy of this list will be sent along with the Government’s next report.

Article 6. Programmes of action. National Action Plan to Combat Human Trafficking. The Committee had previously noted that a National Action Plan to Combat Human Trafficking was adopted in 2004. It had also noted that, within the framework of this national plan, special enterprises for the victims of trafficking in persons, and rules for their funding and functioning were approved. The Committee notes the Government’s information regarding the reintegration and rehabilitation measures taken within this national plan of action. The Committee requests the Government to continue providing information on any measures taken within the framework of the National Action Plan of 2004 to combat trafficking of children under 18 years of age. It also requests the Government to provide information on the results achieved in terms of the removal of children from the worst forms of child labour, in particular trafficking, and rehabilitated, pursuant to the implementation of this National Action Plan.

Article 7, paragraph 2. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from the worst forms of child labour. Child labour in commercial agriculture. The Committee had previously noted that an ILO–ACT/EMP project on the elimination of child labour which targets more specifically the worst forms of child labour in the cotton sector had carried out a number of awareness-raising activities, such as regional workshops, publication of guidelines, Web-based information and training courses on child labour. The Committee notes that according to a report of the National Confederation of Entrepreneurs’ (Employers’) Organizations of the Azerbaijan Republic (ASK) on Fact-Finding Mission to the Tea and Tobacco producing Regions of Azerbaijan, Baku 2007, the above project achieved the following results:

■      capacity of Azerbaijan Employers’ Organization and its regional offices strengthened;

■      awareness on child labour issues increased;

■      employers take initiatives in eliminating child labour;

■      social dialogue strengthened; and

■      close cooperation with media established.

The Committee further notes the information in this report that, after having successfully intervened in the cotton production sector of agriculture, ASK organized a fact-finding mission supported by ILO–ACT/EMP with the purpose of assessing the child labour situation in the tea and tobacco plantations. The project team observed that children are obliged to work for 10–12 hours a day in this sector throughout the year in unfavourable conditions, that the education levels and school attendance rates continued to be low, and that the local people were unaware of child rights and child labour legislation. The project team therefore decided to continue the project in the tea and tobacco sectors and to carry-out child labour awareness-raising activities for entrepreneurs and stakeholders. The Committee requests the Government to provide information on the implementation of the ILO–ACT/EMP project on eliminating child labour in the tea and tobacco sectors. It also requests the Government to indicate the effective and time-bound measures taken to provide the necessary and appropriate assistance for the removal of children from the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Sale and trafficking of children. The Committee had previously noted section 12 of the Law on Trafficking in persons which provides for the establishment of special institutions, shelters and assistance centres for the protection of victims of human trafficking, as well as the measures taken within the framework of the National Action Plan of 2004 for the assistance and reintegration of victims of trafficking. The Committee notes the Government’s indication that as per Decision No. 99 of 2010 of the Cabinet of Ministers, the allowances paid to victims of the trafficking in persons during their reintegration period was fixed at 200 manats (about US$250). Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate the number of child victims of trafficking under the age of 18 years who have been received in shelters and assistance centres and rehabilitated.

Clause (d). Children at special risk. 1. Street children. The Committee had previously noted the Government’s information that the Plan of Action to tackle the problems of homeless and street children was approved in April 2003, and that an Act on the prevention of neglect and offences against minors was adopted in May 2005. It had also noted that, in its concluding observations in March 2006 (CRC/C/AZE/CO/2), the CRC, while noting the existence of two Child Reception Transit Centres intended to host, inter alia, street children, expressed its concern at the growing number of street children in Azerbaijan, who are often victims of exploitation, ill treatment and abuse.

The Committee notes that according to the Government’s report, the Plan of Action of 2003 provides for measures aimed at eliminating the problem of homeless and street children; the enhancement of activities to strengthen the rights of children; the organization of social safety measures for the social and psychological rehabilitation of children from vulnerable groups; the increased observance of the legislation regulating the use of child labour; and carrying out a sociological survey to examine the situation of children working in the street. The Committee requests the Government to provide information on the implementation of the Plan of Action of 2003 to secure the protection of street children from the worst forms of child labour, as well as the results achieved. It also requests the Government to provide information on the number of street children withdrawn and rehabilitated in the Child Reception Transit Centres.

2. Refugee and displaced children. The Committee had previously noted that, in its concluding observations in March 2006 (CRC/C/AZE/CO/2, paragraph 57), the CRC, while welcoming the information that 96 per cent of the population over 15 years of age is literate, had expressed its concern about the fact that access to education is difficult for refugee and displaced children. The CRC had also expressed its concern about discriminatory attitudes towards certain groups of children such as refugee and internally displaced children, who could be excluded from mainstream schooling. The Committee notes the absence of information in the Government’s report on this point. The Committee notes, however, that according to a survey conducted by the State Statistical Committee of the Republic of Azerbaijan in cooperation with ILO–IPEC, entitled: Working Children in Azerbaijan–The Analysis of Child Labour and Labouring Children Survey, 2005, children of migrants account for 13.1 per cent of all children in Azerbaijan and they account for 18.5 per cent of working children and 19.5 per cent of child labourers. Similarly, internally displaced children and refugee children account for 10.6 per cent of all children in Azerbaijan, and they account for 17.7 per cent of working children and 18.7 per cent of child labourers. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to indicate the measures taken or envisaged to facilitate educational access to migrant, refugee and displaced children. In view of the fact that such children are at greater risk of being engaged in the worst forms of child labour, it also requests the Government to provide information on the effective and time-bound measures to prevent them from being engaged in the worst forms of child labour.

Article 8. International cooperation. Poverty reduction. The Committee had previously noted that a new State Programme on Poverty Reduction and Sustainable Development for 2006–15 (SPPRSD) and a State Programme of Socio-Economic Development of the Regions for 2004–08 had been adopted. It notes the Government’s information that a new plan of action for 2011–15 is being developed within the framework of the SPPRSD. The Committee requests the Government to indicate any notable impact of the SPPRSD on eliminating the worst forms of child labour. It also requests the Government to indicate whether any measures in relation to the elimination of the worst forms of child labour have been envisaged under the Plan of Action for 2011–15.

Part V of the report form. Practical application of the Convention. The Committee had previously noted that the CRC, in its concluding observations of 17 March 2006 (CRC/C/AZE/CO/2, paragraph 61), expressed its concern at the high number of working children, especially in rural areas, and that the regulations protecting children from exploitative and hazardous work were not consistently applied and respected. The Committee had requested the Government to provide information on the measures taken to ensure that children under the age of 18 years are protected against the types of work, which by their nature and circumstances in which they are carried out, are likely to harm their health, safety or morals.

The Committee notes the absence of information in the Government’s report. The Committee notes, however, that according to a survey conducted by the State Statistical Committee of the Republic of Azerbaijan in cooperation with
ILO–IPEC, entitled: Working Children in Azerbaijan–The Analysis of Child Labour and Labouring Children Survey, 2005, more than 156,000 children aged between 5 and 17 years are estimated to be engaged in some form of economic activity, out of which 84.4 per cent work in the agricultural sector, and about 67.6 per cent of working children are estimated to be engaged in hazardous work. The survey further indicates that about 90 per cent of children who perform hazardous work are engaged in the agricultural sector. Hence, approximately three quarters of all children engaged in the agricultural sector are considered to be performing hazardous work. The Committee expresses its serious concern at the large number of children between 5 and 17 years who are engaged in hazardous work in the agricultural sector. It therefore requests the Government to take the necessary measures, as a matter of urgency, to ensure that persons under the age of 18 years are protected from this worst form of child labour, including through the enforcement of regulations prohibiting children’s involvement in hazardous agricultural work. It also requests the Government to provide information on the application of the Convention in practice, including extracts from inspection reports, studies and inquiries and statistical data on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported and penal sanctions applied.