Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Azerbaïdjan (Ratification: 1992)

Autre commentaire sur C111

Observation

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Legislative developments. The Committee welcomes the Government’s indication that the Labour Code has been amended and now provides, in addition to other grounds of discrimination, that “no person shall be refused admission to employment or promotion, or be dismissed on account of infection with the human immunodeficiency virus (HIV), with the exception of types of work and occupations in which it is prohibited to employ persons living with HIV” (section 16(1)). It also notes that following the adoption of Law No. 424-IIIQD of 1 October 2007, which provides that “advertisement of the competition only for the representative of one gender is prohibited except for cases provided for in legislation”, section 50(2) of the Labour Code was amended on 17 May 2009 to include the same prohibition, according to the Government, both in line with section 10 of Act No. 150-IIIQ of 10 October 2006 on Gender Equality. The Committee further notes the Government’s indication that the Constitution was amended on 18 March 2009 to include a provision which provides that “a person shall not be subject to harm, nor granted or denied benefits or privileges” on specified grounds (section 25(4)), namely, race, ethnicity, religion, language, sex, origin, property, employment status, convictions and affiliation to political parties, trade unions and other voluntary associations. The Committee asks the Government to indicate the types of work and occupations which fall under the exception as “types of work and occupations in which it is prohibited to employ persons living with the HIV” under section 16(1) of the Labour Code. It also asks the Government to provide information on the practical application of sections 16(1) and 50(2) of the Labour Code, as well as section 25(4) of the Constitution. Please also provide copies of the amendments referred to in the Government’s report.

Exclusion of women from certain occupations. The Committee has raised concerns over a number of years regarding the exclusion of women from certain occupations pursuant to Decision No. 170 of 20 October 1999, made under section 241 of the Labour Code. It notes the Government’s indication that efforts are being made to repeal or abrogate the list under Decision No. 170 of 1999. The Committee again recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. Provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (General Survey on fundamental Conventions, 2012, paragraph 840). The Committee urges the Government to repeal the list under Decision No. 170 of 1999 and to ensure that any measures limiting women’s employment are strictly limited to maternity protection. Please provide specific information on the progress made in this regard.

Gender equality in employment and occupation. The Committee recalls the adoption of the “State programme on implementation of the Employment Strategy for 2007–10” setting out the strategy to address issues regarding the employment of women and provide gender equality in employment. It notes that in accordance with the ILO Decent Work Country Programme (DWCP), which aims at including enhancing self-employment opportunities for women and involving them in entrepreneurship activities, the “Development of gender equality and women entrepreneurship” programme has been implemented. The Committee asks the Government to provide specific information on progress made regarding the following:

(i) the measures taken to promote gender equality under the Programme on implementation of the Employment Strategy for 2007–10 and their impact; and
(ii) the measures taken to promote gender equality within the framework of the DWCP, and its impact, including under the “Development of gender equality and women entrepreneurship” programme.

The Committee also recalls the significant horizontal and vertical gender segregation in the labour market, and the Government’s explanation that management roles were not assumed by women due to their family responsibilities. It notes the statistical information provided by the Government on the situation of women in the labour market. In 2011, women were concentrated in sectors such as information and communications (women constituted 80.3 per cent); health and social services (72.7 per cent); and education (67.2 per cent). According to a report “Evaluation of the situation for development of woman entrepreneurship” published by the National Centre for Productivity and Competitiveness and the ILO in 2009, for example, in state institutions of higher education, men consisted of 89.2 per cent of faculty deans, 83.3 per cent of department directors, and 82.3 per cent of professors. This report recommended that the Government take measures for increasing the representation of women in public administration and decision-making, and to take concrete measures for the creation of specialized training programmes, information and training centres providing business education and professional training to women who want to start a business, especially in regions. The Committee notes the Government’s indication in this connection that in 2011, the State Employment Service enabled 4,299 persons, including 2,039 women, to undertake vocational training. The Committee asks the Government to take concrete action to address the horizontal and vertical gender segregation in the labour market and to adopt concrete measures to improve the participation rates of women in those economic sectors and occupations in which they are under-represented, including through their participation in a wider range of vocational training courses leading to employment with opportunities for advancement and promotion. It also asks the Government to provide information on the measures taken or envisaged to address the stereotypes and assumptions regarding women’s aspirations and capabilities, as well as regarding their suitability for certain jobs, and to promote equal sharing of family responsibilities.

Equal opportunity and treatment of ethnic minorities. For a number of years, the Committee has raised concerns regarding discrimination faced by members of ethnic minorities in employment and education. While noting the statistical information based on the 2009 census concerning the population and ethnic composition, the Committee notes the Government’s indication that its employment policy prohibits discrimination on the grounds of religion and ethnicity, therefore, there are no statistics on employment disaggregated by religion or ethnicity. The Committee recalls that a national policy to promote equality of opportunity and treatment, as envisaged in Articles 2 and 3 of the Convention, should include measures to promote equality of opportunity and treatment of members of all ethnic groups with respect to access to vocational training and guidance, placement services, employment and particular occupations, and terms and conditions of employment (General Survey, 2012, paragraph 765). The Committee asks the Government to provide detailed information on concrete measures taken or envisaged to promote equality of opportunity and treatment of members of different ethnic minorities in education, training and employment, including under the Employment Strategy (2006–15), as well as statistical information, disaggregated by sex, on the economic activities of the different ethnic groups.

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