Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (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.