Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (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.