Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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, in its concluding observations on the Government’s second periodic report in March 2006 (CRC/C/AZE/CO/2, paragraph 65), the Committee on the Rights of the Child expressed its serious concern about the fact that Azerbaijan’s territory is increasingly used by an international network of trafficking in persons, especially women and children. Moreover, 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 is reported as a country of origin for trafficking in persons.

The Committee notes that section 2 of the Law on additions and amendments to some legislative acts of the Republic of Azerbaijan of 30 September, 2005, which came into force on 29 September 2006 (Amendment Law of 2006), introduced section 144.1 on human trafficking to the Criminal Code. According to section 144-1.2.3 of the Amendment Law of 2006, the offence of selling, procuring or smuggling minors across the borders of the country for the purpose of exploitation or involving, obtaining, harbouring, transporting or delivering minors to other persons shall be punishable with imprisonment for eight to ten years with confiscation of property. “Exploitation” as used in this provision shall include engaging a person in forced labour, sexual exploitation, slavery or using for unlawful or criminal activities. The Committee observes that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. Accordingly, the Committee requests the Government to take the necessary measures as a matter of urgency to ensure that persons who traffic in children for labour or sexual exploitation are in practice prosecuted and that sufficiently effective and dissuasive penalties are imposed. In this regard, it 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 on the sale and trafficking of children.

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. The Committee notes that the Criminal Code further punishes any person who commits the offence of compelling a person to prostitution (section 108), coercing a person to sexual relations (section 151), having sexual relations or other actions of a sexual nature with a person who has not reached the age of 16 years (section 152) and granting premises for prostitution or maintaining a prostitution house (section 244). The Committee observes that the Criminal Code does not appear to prohibit the use of a child under 18 years of age as a prostitute. It accordingly requests the Government to take the necessary measures to ensure that the use of a child under 18 years of age for prostitution is prohibited.

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 does not prohibit the use, procuring or offering of children in the production of pornographic materials or pornographic performances. It had requested the Government to indicate the measures taken to this end. The Committee notes the absence of information in the Government’s report. The Committee therefore 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.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 170 of the Criminal Code makes it an offence for any person to involve a minor in a criminal offence. It also notes that section 234.3 of the Criminal Code makes it a criminal offence for any person to carry out the illegal manufacture, purchase, storage, transportation, transfer and sale of narcotics or psychotropic substances.

Clause (d). Hazardous work. Self-employed workers. The Committee had previously observed that the Labour Code excludes work performed outside a formal employment relationship, such as self-employment, from its scope of application. The Committee had requested the Government to provide information on the measures taken or envisaged to ensure that self-employed children are protected against types of work which are harmful to their health, safety or morals. The Committee notes the absence of information in the Government’s report on this point. The Committee notes, however, that the Committee on the Rights of the Child, 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 are not consistently applied and respected. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure that children under the age of 18 years who work outside an employment relationship, such as self‑employed children, 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.

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. The Committee once again requests the Government to provide a copy of Resolution No. 58 of 24 March 2000 along with its next report.

Article 5. Monitoring mechanisms. Special Police Agency. The Committee notes that section 8 of the Law on trafficking in persons of 2005 provides for the establishment of a Special Police Agency entrusted with the task of investigating and prosecuting cases related to human trafficking, as well as ensuring the protection of the victims of human trafficking. The Special Police Agency shall develop an information database in order to register the cases of human trafficking and other information collected during investigation. The employees recruited for services in the Special Police Agency shall be trained in: (a) acquiring documents and other information from the victims of human trafficking and from other sources; (b) methods of determining and identifying victims of human trafficking; and (c) rules related to treating and assisting victims of human trafficking. The Committee requests the Government to indicate the number of investigations and prosecutions carried out by the Special Police Agency and their findings with regard to trafficking in children under 18 years of age.

Article 6. Programmes of action. National Action Plan to Combat Human Trafficking. The Committee notes the Government’s statement that the National Plan to Combat Trafficking was approved on 6 May 2004 (National Action Plan of 2004). The Committee requests the Government to provide information on the measures adopted in the context of the National Action Plan of 2004 to combat the trafficking of children under 18 years. It also requests the Government to provide information on the results achieved.

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, according to the ILO/IPEC rapid assessment survey entitled “Study on child labour on cotton picking plantations in eight regions of Azerbaijan”, child labour is widely used in the cotton, tobacco and tea growing sector of the country. Children in the 5–15 and 16–17 age groups are actively involved in work. Child labour in the cotton growing sector involves hard work and work requiring physical strength which negatively affects the health, education and psychological and moral development of children. It had also noted that an ILO/ACT/EMP project on the elimination of child labour that 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 once again requests the Government to provide information on the implementation of the ILO/ACT/EMP project on the elimination of child labour and the results achieved in preventing children from being engaged in hazardous commercial agricultural work, particularly in the cotton, tobacco and tea growing 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 such 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 notes that section 12 of the Law on trafficking in persons provides for the establishment of special institutions such as shelters and assistance centres for the protection of the victims of human trafficking. The shelters shall provide decent living conditions, food, medicine and psychological, social and legal assistance to the victims of trafficking and the assistance centres shall provide the necessary assistance in order to socially rehabilitate the victims of trafficking. The Committee notes that, according to section 16 of the Law on trafficking in persons, child victims of trafficking accommodated in the shelters shall have the possibility to continue their education and to contact their parents.

The Committee notes the Government’s information that, following the approval of the National Action Plan of 2004, rules for establishing special institutions, and for their funding and activities were approved. It also notes the Government’s indication that, according to Resolution No. 152 of 17 June 2006, victims of trafficking who are accommodated in the special institutions are entitled to receive an allowance during their reintegration period. The Committee further notes the Government’s information that the National Employment Strategy Programme developed as a part of the National Action Plan of 2004 provides legal aid and education to victims of human trafficking. The Committee requests the Government to indicate the number of child victims of trafficking under the age of 18 years who have been received in the 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 Committee on the Rights of the Child (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. Noting the absence of information on this point, the Committee once again requests the Government to provide information on the implementation of the Plan of Action to secure the protection of street children from the worst forms of child labour and to provide for their rehabilitation and social integration, as well as the results achieved.

2. Refugee and displaced children; children with HIV/AIDS. 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 and recognizing the progress made with regard to the implementation of the right to education of refugees and internally displaced children, 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, and children infected with HIV/AIDS, who could be excluded from mainstream schooling. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that refugee and displaced children and children infected with HIV/AIDS are placed in schools in the local communities in order to facilitate their integration. 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. In its previous comments, the Committee had noted that Government’s indication 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 have been adopted. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the impact of both Programmes on the elimination of the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that, according to the State Statistics Committee of Azerbaijan, in 2006, 18,564 offenders were discovered and, in 2007, 17,734 offenders were discovered, of whom 76 per cent were brought to trial. The Committee requests the Government to indicate how many of the offenders registered by the State Statistics Committee committed offences related to the worst forms of child labour, as well as the number of prosecutions, convictions and penalties applied in these cases. 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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s first report.

Article 3 of the Convention. Clause (a). Worst forms of child labour. All forms of slavery and practices similar to slavery. 1. Sale and trafficking of children. The Committee takes due note of the Government’s information that, in June 2005, it adopted a Law on trafficking in persons. This Act determines the legal and organizational basis to combat trafficking in persons in the country and regulates issues of protection of victims of human trafficking and rendering assistance to them. The Committee also takes note of a draft Law on amendments and additions to several legislative acts regarding trafficking in persons. Section 2 of this draft Law introduces sections 144-1 and 144-1.2.3. which establish criminal liability for any person who purchases and sells minors with the aim of exploiting them through the state border of the country or giving them to other individuals with the same aim.

However, the Committee notes that, in its concluding observations on the Government’s second periodic report in March 2006 (CRC/C/AZE/CO/2, paragraph 65), the Committee on the Rights of the Child expressed its serious concern about the fact that Azerbaijan’s territory is increasingly used by an international network of trafficking in persons, especially women and children. Moreover, 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 is reported as a country of origin for trafficking in persons.

The Committee observes that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. It recalls that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee requests the Government to take the necessary measures as a matter of urgency to ensure that persons who traffic in children for labour or sexual exploitation are in practice prosecuted and that sufficiently effective and dissuasive penalties are imposed. In this regard, it 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 on the sale and trafficking of children. The Committee also asks the Government to provide a copy of the Law on the legislative amendments regarding trafficking in persons once it has been adopted.

Clause (b) 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 171.1 of the Criminal Code makes it an offence for any person to involve a minor in prostitution. The Committee asks the Government to indicate whether the use of children under 18 years of age for prostitution is prohibited under the Criminal Code. It also requests the Government to provide information on the application of section 171.1 of the Criminal Code in practice including, for instance, reports on the number of infringements reported, convictions and penal sanctions applied.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 242 of the Criminal Code prohibits the manufacture, distribution and advertising of pornographic materials. The Committee observes that this provision of the Criminal Code prohibits pornography in general but does not prohibit the use, procuring or offering of children in the production of pornographic materials or pornographic performances. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit this worst form of child labour, and to adopt appropriate sanctions.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 170.1 of the Criminal Code makes it an offence for any person to involve a minor in a criminal activity. The Committee recalls that Article 3(c) of the Convention prohibits the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs. It consequently requests the Government to indicate whether the production and trafficking of drugs is considered to be a criminal activity under the Criminal Code. Moreover, the Committee asks the Government to indicate whether the term “minor” in the Criminal Code is defined as a person under the age of 18 years.

Clause (d). Hazardous work. Self-employed workers. The Committee notes that section 7(2) of the Labour Code provides that the employment relationship is established upon the execution of a written employment contract and that section 4(1) states that the Labour Code applies to all enterprises, establishments, organizations, as well as workplaces where an employment relationship exists. It consequently observes that the Labour Code appears to exclude work performed outside a formal employment relationship, such as self-employment, from its scope of application. The Committee consequently requests the Government to provide information on the measures taken or envisaged to ensure that self‑employed workers under 18 years of age are protected against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of the types of hazardous work. The Committee notes 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. In order to assess compliance with this Article, the Committee requests the Government to provide a copy of resolution No. 58 of 24 March 2000.

Article 5. Monitoring mechanisms. The Committee takes note of the detailed information provided by the Government concerning the functioning of the labour inspectorate. As the prohibition and elimination of the worst forms of child labour are often dealt with under criminal law, the Committee requests the Government to provide information on the mechanisms designed to monitor the implementation of the penal provisions giving effect to the Convention.

Article 6. Programmes of action. The Committee notes from the concluding observations of the Committee on the Rights of the Child on the Government’s second periodic report in March 2006 (CRC/C/AZE/CO/2), the adoption of a National Plan of Action to Combat Trafficking in Persons in May 2004. It requests the Government to provide information on the implementation of this National Plan of Action. The Committee also requests the Government to provide information on consultations with relevant government institutions, employers’ and workers’ organizations and, if appropriate, the views of other concerned groups taken into account in preparing this National Plan of Action.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a)–(b). Preventing the engagement of children in the worst forms of child labour, removing them from these worst forms and providing for their rehabilitation and social integration. 1. Sale and trafficking of children. The Committee notes that the Government has taken measures to combat the sale and trafficking of children, such as the Act on trafficking in persons, the amendments to several legislative acts regarding trafficking in persons, as well as the National Plan of Action to combat child trafficking. The Committee requests the Government to provide information on the implementation of these measures and the results achieved in: (a) combating the sale and trafficking of children for the purpose of both labour and sexual exploitation; and (b) providing suitable and essential direct assistance for their removal from this worst form of child labour and their rehabilitation and social integration.

2.  Child labour in commercial agriculture. The Committee notes that, at the beginning of January 2005, ILO/IPEC conducted a rapid assessment survey in Baku. The study, entitled “Study on Child Labour on Cotton Picking Plantations in eight Regions of Azerbaijan”, presents a rapid assessment of child labour in the cotton plantations in different regions: Bilasuvar, Sabirabad, Imishli, Ujar, Kurdamir, Agjabedi, Barda, Beylagan. According to the study, child labour is widely used in the cotton growing sector of the country, but also in the tobacco and tea growing region. Children in the 5–15 and 16–17 age groups are actively involved in work. Moreover, it was found that child labour is applied in the cotton growing sector which requires hard work and physical strength, and negatively affects the health, education, physiological and moral development of children. The Committee also notes that, according to the information available at the Office, an ILO/ACT/EMP project on the elimination of child labour that targets more specifically the worst forms of child labour in the cotton sector in Azerbaijan is being implemented in the country. Furthermore, within the framework of the ILO/ACT/EMP project, a number of awareness-raising activities, such as regional workshops, publication of guidelines, web-based information on child labour and training courses, were carried out. The Committee requests the Government to provide information on the implementation of the ILO/ACT/EMP project on the elimination of child labour and the results achieved in: (a) preventing children from being engaged in hazardous commercial agricultural work, particularly in the cotton, tobacco and tea growing sectors; and (b) providing the necessary and appropriate direct assistance to remove children from hazardous commercial agricultural work and provide for their rehabilitation and social integration.

Clause (d). Children at special risk. 1. Street children. The Committee takes note of the Government’s information that the Cabinet of Ministers, in April 2003, approved a Plan of Action to tackle the problems of homeless and street children, and that an Act on the prevention of neglect and offences against minors was adopted in May 2005. The plan, among others, strengthens implementation mechanisms in the area of child labour, and provides for the social and psychological rehabilitation of children. The Committee also notes that, in its concluding observations in March 2006 (CRC/C/AZE/CO/2), the Committee on the Rights of the Child, while noting the existence of two “Child Reception Transit Centres” intended to host, inter alia, street children, expressed its concern about the growing number of street children in Azerbaijan, who are often victims of exploitation, ill-treatment and abuse. The Committee is of the view that street children are particularly vulnerable to the worst forms of child labour. It requests the Government to provide information on the implementation of the Plan of Action to secure the protection of street children from the worst forms of child labour and to provide for their rehabilitation and social integration, as well as the results achieved.

2. Refugee and displaced children; children with HIV/AIDS. The Committee notes that, in its concluding observations on the Government’s second periodic report in March 2006 (CRC/C/AZE/CO/2, paragraph 57), the Committee on the Rights of the Child, while welcoming the information that 96 per cent of the population over 15 years of age is literate and recognizing the progress made with regard to the implementation of the right to education of refugee and internally displaced children, expressed its concern about the fact that access to education is difficult for refugee and displaced children. The Committee on the Rights of the Child also expressed its concern about discriminatory attitudes towards certain groups of children such as refugee and internally displaced children, and children infected with HIV/AIDS, who could be excluded from mainstream schooling. The Committee observes these children are at greater risk of being engaged in the worst forms of child labour. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee hopes that the Government will take the necessary measures to ensure that refugee and displaced children and children infected with HIV/AIDS are placed in schools in the local communities in order to facilitate their integration. It also requests the Government to provide information on the measures taken or envisaged to prevent them from being engaged in the worst forms of child labour.

Article 8. International cooperation. Poverty reduction. The Committee notes that Azerbaijan is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee also notes the Government’s indication 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 have been adopted. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of both abovementioned programmes on the elimination of the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes the absence of information on this point. It consequently requests the Government to supply data to give a general appreciation of the manner in which the Convention is applied, for instance, statistics and information 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. To the extent possible, all information provided should be disaggregated by sex.