Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Azerbaïdjan (Ratification: 2004)

Article 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. Following its previous comments, the Committee notes that according to section 150.2.3 of the Criminal Code, buggery or other sexual acts committed against a minor is punishable with imprisonment for a term of five to eight years. It notes that a “minor” is defined as a person who has not attained the age of 18 years (section 84.1 of the Criminal Code).

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee 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.

The Committee notes the Government’s indication that section 171.1 of the Criminal Code, which provides for penalties for involving minors into immoral acts, stipulates liability for the offences related to the production and dissemination of child pornography. The Committee requests the Government to provide information on any prosecutions and convictions made pursuant to section 171.1 of the Criminal Code with regard to the use, procuring or offering of a child under 18 years for the offences related to the production of pornography or for pornographic performances.

Article 6. Programmes of action. National action plan to combat human trafficking. The Committee notes from a document related to the approval of the National Action Plan on Struggle Against Trafficking in Human Beings 2009–13 (NAP document) that within the framework of the national action plan, several normative legal acts and regulations on human trafficking, including regulations on assistance and repatriation of victims of trafficking, were approved; a National Coordinator on combating human trafficking was appointed; a department for combating trafficking in human beings, which is a special police unit, was established under the Ministry of Internal Affairs; a centralized database to collect and analyse information regarding criminal cases of trafficking human beings was provided; hotline services for victims and potential victims of trafficking was made functional; and a safe assistance centre rendering medical, psychological, legal and other assistance to victims of trafficking was provided. The Committee further notes from the report of 2014 by the Group of Experts on Action against Trafficking in Human Beings (GRETA) concerning the application by Azerbaijan of the Council of Europe Convention on Action Against Trafficking in Human Beings that several measures to raise awareness on the issues of trafficking in human beings and migration were carried out for students, school teachers and the public as a whole. The Committee finally notes from the report by GRETA that preparatory work on the third NAP 2014–18 has been completed with special focus on trafficking for the purpose of labour exploitation. The Committee requests the Government to provide information on the specific measures taken under the NAP 2014–18, on eliminating the trafficking of children. It also requests the Government to provide information on the results achieved in terms of the number of children removed from sale and trafficking and rehabilitated.

Article 7. Clause (b). Effective and time-bound measures. 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 from the report by GRETA that in Azerbaijan there exists one state-run shelter in the area of Baku and three shelters run by NGOs which accommodate victims and potential victims of trafficking. In 2013, a new shelter for the victims of trafficking was opened in Ganja by the Ministry of Labour and Social Protection. According to the report by GRETA, in 2013, out of a total of 56 victims of human trafficking identified, 37 were accommodated in the shelter in Baku while the shelter in Ganja accommodated four victims and 17 possible victims of human trafficking. The Committee requests the Government to provide information on the number of child victims of trafficking under the age of 18 years who have been received in the two state-run shelters, as well as on their rehabilitation and social reintegration.

Clause (d). Children at special risk. 1. Street children. The Committee notes from the 2011 annual report of UNICEF that according to a joint survey conducted by the UNICEF and the State Committee on Family, Women and Children Affairs to analyse the situation of street children in Azerbaijan, more than 90 per cent of all street children in Azerbaijan are concentrated in the Baku area and the majority come from rural areas, most of them do not have a birth certificate and a small number attend school. Poverty and lack of support from families appear to be the main causes of children living on the streets. The UNICEF report indicates that there are no official statistics detailing the number of street children. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to take the necessary measures to protect these children from the worst forms of child labour and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

2. Refugee and displaced children. The Committee notes from the UNICEF Country Profile-2010 that Azerbaijan is home to a large displaced population with over 1 million refugees, internally displaced persons and families seeking asylum. Many refugee children remain without access to primary education. The Committee also notes from the UNICEF report that about 20 per cent of Chechen refugee children are not attending any school, while 24 per cent are attending Chechen schools and 57 per cent are attending Azerbaijani public schools where they do not receive instruction in their native language. The Committee further notes from the UNICEF report that although the Government has taken several measures to improve the living conditions of refugees, by building 106 schools and 34 kindergartens to accommodate 1,276 new children, the significant number of displaced persons poses a major challenge for educational access and equity in the country. Considering that refugee and displaced children often fall victim to exploitation and are at risk of becoming involved in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to protect such children from the worst forms of child labour, focusing in particular on access to free basic education for these children. It requests the Government to provide information on the measures taken in this regard and on the results achieved.