COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONSIDERS SECOND PERIODIC REPORT OF AZERBAIJAN

17 November 2004

The Committee on Economic, Social and Cultural Rights completed today its consideration of the second periodic report of Azerbaijan on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.

Introducing the report, Khalaf Khalafov, the Deputy Minister of Foreign Affairs of Azerbaijan, said the protection of citizens’ human rights and freedoms in his country was the ultimate goal of the State. The Government had created conditions for the strengthening of democratic institutions, and the principles of political pluralism, rule of law and personal freedom had been firmly established.

Mr. Khalafov said the continued conflict between Azerbaijan and Armenia over Nagarno-Karabakh had had a negative impact on the realization of the rights enshrined under the Covenant. Azerbaijan was unable to implement the provisions of the Covenant in the Azerbaijani territories occupied as a result of Armenian aggression.

During the discussion, Committee Experts queried the Azerbaijani delegation on issues pertaining to trafficking in persons; illegal trade in narcotics; corruption; employment; minimum wage; the independence of the judiciary; the pension and social insurance system; the impact of privatization on the national economy; and the spread of HIV/AIDS, among other things.

The Committee will issue its concluding observations and recommendations on the report of Azerbaijan at the end of its three-week session on 26 November.

Other members of the Azerbaijani delegation included representatives from the Permanent Mission of Azerbaijan in Geneva; Ministry of Justice; Ministry of the Interior; Ministry of Culture; Ministry of Health; Ministry of Labour and Social Protection; Ministry of Education; Ministry of Youth, Sport and Tourism; Ministry of Economic Development; and Ministry of Foreign Affairs.

Azerbaijan, as one of the 150 States parties to the Covenant, is obligated to submit periodic reports to the Committee explaining how it is giving effect to the provisions of the treaty. The 13-member delegation from Azerbaijan was on hand during three meetings to introduce the report and supply answers to questions raised by Committee Experts.

When the Committee reconvenes at 10 a.m. on Thursday, 18 November, it will take up the third periodic report of Chile (E/1994/104/Add.26). A press release will be issued at the end of the Committee’s public consideration of the report on Friday, 19 November.

Report of Azerbaijan

The second periodic report of Azerbaijan (E/1990/6/Add.37) provides information on how the State party continues to implement the provisions of the International Covenant on Economic, Social and Cultural Rights on an article-by-article basis. It also includes information on specific suggestions and recommendations contained in the concluding observations of the Committee on the initial report of Azerbaijan. It says that the Constitution provides that everyone is equal before the law and the courts and that men and women have equal rights and freedoms. It also states that foreigners and stateless persons present in the country may enjoy all rights and must fulfil all obligations equally with citizens of the country.

According to the report, in the year 2000, the economically active population of the country stood at 3,748,200. Over the past few years, employment in the State sector has declined in proportional terms because of a wide range of factors connected with the structural changes in the economy. State sector employment accounted for 70.7 per cent of all persons in employment in 1990, 56.1 per cent in 1995 and 34.5 per cent in 2000. The decline affected most sectors of material production, especially manufacturing, construction and transport. As in previous years, female and youth employment remain a particular problem.

The report notes that reform of the health-care system and of the organization and delivery of medical assistance to the public has been defined as part of the overall strategic programme for the development of the country’s economic and social infrastructure. National programmes have been adopted on tuberculosis control, AIDS and malaria prevention, family planning and reproductive health. Thanks to the efforts that have been made, the incidence of certain infectious diseases has declined in 2001 and polio has been eradicated entirely. In recent years, a number of measures have been taken to improve the forms and methods of medical and social assessment and rehabilitation of disabled persons in need of social assistance and care.

Presentation of Report

KHALAF KHALAFOV, Deputy Minister of Foreign Affairs of Azerbaijan, said protection of citizens’ human rights and freedoms in his country was the ultimate goal of the State. Creation of the relevant juridical mechanisms and frameworks, and the adoption of serious measures in political, legislative and economic spheres were aimed at ensuring that important goal. The Government had created conditions for the strengthening of democratic institutions. The principles of political pluralism, rule of law and personal freedom had been firmly established.

Azerbaijan recognized the competence of the respective United Nations treaty bodies to receive and consider communications from individuals who claimed to be victims of human rights violations, Mr. Khalafov said. Azerbaijan had acceded to the relevant Optional Protocols to the United Nations treaties. Significant progress in ensuring the rule of law, protection of human rights and fundamental freedoms and democratic society building had been achieved before its membership to the Council of Europe in 2001.

Mr. Khalafov said that in order to strengthen the fight against crimes regarding trafficking in human beings, a national plan of action had been approved on 6 May 2004. In the same month, a Department had been created in the Ministry of Internal Affairs to strengthen the fight against trafficking in persons. The Department would deal with slavery, trafficking in minors, illegal adoption, and trafficking in human organs and tissues.

In order to strengthen the combat against economic crime and corruption, a law on the fight against corruption had been adopted in January 2004, the Deputy Minister said.

Mr. Khalafov concluded by saying that the continued conflict between Azerbaijan and Armenia over Nagarno-Karabakh had had a negative impact on the realization of the obligations undertaken by Azerbaijan under the Covenant. Azerbaijan was unable to implement the provisions of the Covenant in the Azerbaijani territories occupied as a result of the Armenian aggression. There were over one million refugees and displaced persons as a consequence of the aggression and ethnic cleansing of Azerbaijanis by Armenia.

Discussion

Questions Raised by Experts

Following the presentation of the report, Committee members raised a series of questions. One Expert asked if complaints had been lodged with regard to violations of economic, social and cultural rights. Another Expert asked about the independence of the judiciary and alleged corruption which reportedly existed. The country had a series of legislative mechanisms to combat corruption; however, in practice the situation might be different. Who appointed judges and what were their starting salaries? Was there a body that dealt with the promotion of judges?

What were the living conditions of the one million refugees from Nagorno-Karabakh who were present in the western part of the country, an Expert asked? What measures were taken to integrate those displaced persons? What was the status of the International Covenant on Economic, Social and Cultural Rights in terms of domestic legislation? Did the constitutional law guarantee the rights under the Covenant?

An Expert said that apparently there was no national plan of action for the protection of human rights. The Vienna Declaration and Programme of Action of 1993 had recommended the creation of a national human rights institution in conformity with the Paris Principles. An ombudsman had been appointed in response to that recommendation; however, what was the role and function of that body? Did the ombudsman deal with complaints of violations of economic, social and cultural rights? Had non-governmental organizations participated in the process of preparing the current report?

As a newly independent State, Azerbaijan should build democratic institutions to strengthen the democratisation process, another Expert said. What was the exact title of the ombudsman? What was his or her mandate? What resources were allocated to the State Committee for the rights of women? Did the Committee enjoy full independence in its functions?

With regard to internally displaced persons, an Expert asked if there was a specific policy to integrate those persons. What was the degree of religious freedom in Azerbaijan?

Response of Delegation

The members of the delegation of Azerbaijan said the existence of an independent judiciary was guaranteed. Since September 2001, the Government had established an appeal court and an economic court. Judges had been provided with training and legal experience was required to be appointed to higher courts. Examinations were given to judges before they were appointed with the participation of international monitors. Judges of the first instance courts were appointed by the President and were approved by the parliament. Judges were also elected to higher courts, a process that would continue in the future.

On the guarantees of the independence of the judiciary, the delegation said that in principle, judges should not implicate themselves in political activities. A series of legislative measures had been taken to guarantee the independence of judges. The salaries of judges were among the highest in the State, with periodic increases. The Government had made efforts to fight corruption by removing those involved in corrupt activities.

Armenia occupied one-fifth of Azerbaijan’s territories, including Nagorno-Karabakh, the delegation said, adding that the aggression had resulted in the displacement of over one million persons. Azerbaijan had tried to resolve the conflict peacefully with the involvement of external organizations. However, the problem still persisted. Azerbaijan insisted on the return of the displaced persons to their places of origin, and on the unconditional release of the occupied territories. The conflict could only be settled through the restitution of the occupied territories to Azerbaijan.

Azerbaijan believed that economic, social and cultural rights should be realized on an equal footing with civil and political rights, the delegation said.

Speaking on macroeconomic indicators, the delegation said that in 2003, Gross National Product amounted to $ 7 billion, and it was expected to increase to $ 8 billion due to the economic performance in 2004. The per capita income had also increased to $ 1,000. Economic improvement had been prompted by the implementation of important economic laws which helped to ensure the economic stability of the country. The average annual growth had increased to 10 per cent, and it was expected to reach 14 per cent this year. During the nine-month performance, the Azerbaijani economy had attracted investments of up to $ 20 billion, with 73 per cent being direct foreign investment.

With regard to privatization, the delegation said that since the adoption of a law on privatisation, 98 per cent of companies in the trade and service sectors had been privatised. At present, 99 per cent of agricultural products were supplied by the private sector. Other important sectors, such as airlines and railways would also be subjected to privatisation so that they functioned more effectively.

Azerbaijan, as one of the leading oil producing countries, had 25 contracts with well-known international oil companies, the delegation said. An international auditing company had been engaged to oversee the State oil fund and the activities in the oil trade.

The President had promised to create jobs for 600,000 persons, the delegation said. The next economic policy would focus on job creation. At present, the private sector absorbed 70 per cent of the country’s employment.

The Government was endeavouring to strengthen sustained human development with the support of the United Nations Development Programme (UNDP), the delegation said. A plan would be implemented in the future.

Asked about the status of the Covenant, the delegation said that the Constitution provided for the prevalence of any international law in the event of a conflict with domestic law. Direct application of an international law depended on a constitutional law designed for that purpose.

Citizens had the right to make direct appeals to the Constitutional Court, the delegation said. However, the individual should go to the first level court for a decision, and should appeal after a six-month delay. Last year, 2,656 cases had been presented to the Court.

In 2000, the Government had undertaken a structural reform of the Ministry of Justice with the aim of changing the way it functioned, the delegation said. The principle of the independence of the judiciary had been upheld. The salaries of the judges were raised to a higher scale. Judges made decisions without any interference from the other State organs.

Azerbaijan recognized that corruption could create a weak link between the State and international investors, the delegation said. The Government was determined to take tougher measures against corruption, aided by the new law on corruption.

Responding to the scale of religious freedom, the delegation said that there were at least 400 religious organizations in the country operating freely. Those organizations followed different beliefs and creed, varying from Christianity to Hinduism. Orthodox, Islamic, Jewish and other religions were present in all spheres of the society. Any religious group could hold religious festivities and celebrate its confession. Many of them ran their own religious schools and performed Bible studies.

With regard to refugees and internally displaced persons, the delegation said that the State had implemented a programme of development for those people, spending millions of dollars on establishing schools, repairing roads and irrigation pipes and clearing landmines. Although the rates of unemployment and persons with disabilities were high among the refugees and displaced persons, the Government had tried to improve their situation. It had provided micro-credits to farmers and had supplied them with land plots. The Azerbaijani delegation stressed that it was deeply concerned by the reduction of humanitarian assistance to the refugees and internally displaced persons provided by the international organizations and donor countries.

The office of the Ombudsman was ran by a lady who was appointed following an election to the post, the delegation said. The office sent complaints it received from individuals to the judiciary body if she deemed that there was a violation of rights. The Ombudsman could also go directly to the Constitutional Court in certain cases.

Questions by Experts

The Committee Experts continued to raise a series of queries on various issues. An Expert said that according to a report by the United Nations Development Programme, the unemployment rate in the country had gone down. Was the informal sector taken into consideration in the calculation of the employment rate?

On forced labour, another Expert said that according to the International Labour Organization (ILO), the Criminal Code punished those who were not working, which was incompatible with ILO conventions. Had the Government responded to the recommendations of the ILO expert committee on this issue?

With respect to minimum wage, the same Expert said that it had been fixed by presidential decree. A recent decree also allowed the indexing of wage to the cost of living. Was this provision extended to the whole country? Was the minimum wage sufficient for living? He asked if the provision on the right to strike, which provided for three years of imprisonment, was still used against those involved in acts of strike.

On pensions and the social assistance system, an Expert asked how the Government envisaged implementing the project, which was drafted in collaboration with the World Bank. Did the project respect the ILO convention on minimum social system status?

An Expert asked whether the quota system of 5 per cent in the employment of persons with disabilities extended to the private sector.

Another Expert said that 70 per cent of the country’s employment in the private sector accounted for only 37 per cent of income of the GNP. It meant that people in the private sector were living at subsistence level.

Response of Delegation

In response to the questions, the delegation said that the complex programme for employment, which was supported by UNDP, was expected to resolve all problems related to employment in the country. In 2000, ILO technically supported the programme while UNDP supported it financially.

The work of prisoners was fixed by the code of punishment of the Ministry of Justice, the delegation said. Prisoners were not obliged to do work against their will.

Contrary to the assertion by one of the Experts, the employees in the private sector received higher salaries than those working in the public sector, the delegation said.

The existing social assistance system would be reformed to respond to the needs of vulnerable groups, the delegation said. Work had already been accomplished on this with the participation of relevant organizations. A new law was also being drafted on the subject and it would soon be submitted to Parliament.

On quotas on employment, the delegation said the law stipulated that the private and public sectors reserve 5 per cent of posts for persons with disabilities.

Questions by Experts

An Expert asked about the efforts made by the State party with regard to the spread of HIV/AIDS in the country. Among the victims of the disease, 50 per cent were infected through use of injections; 20 per cent through heterosexual activities; and only 0.4 per cent through homosexual relations. What kind of cooperation did the Government enjoy with World Health Organization and UNAIDS? Prison overcrowding had been a source for the spread of diseases, particularly of tuberculosis. What guarantees were give to people to the right to access to primary health care?

Another Expert asked why the number of registered marriages had decreased while religious marriages had increased.

An Expert said she was concerned about the situation of women in Azerbaijan, asking the delegation if the Government aimed to improve women’s equality. Was there specific legislation to combat domestic violence? What specific protective measures were taken towards refugee women and children in terms of sexual education and reproductive health, in order to reduce maternal mortality? Many pregnant women were obliged to deliver at home because of poverty and the high cost of delivery in hospitals. This situation had caused the rate of infant mortality below one year to rise. What measures had been taken to correct this?

A Committee Expert asked about the scope of trafficking in persons in the country, and about the numbers of convicts and victims of trafficking.

According to a Food and Agricultural Organization report for 1999 to 2001, the number of undernourished in Azerbaijan was 1.7 million – 21 per cent of the population of 8 million, another Expert said. Was that figure still correct? Had the Government taken steps to combat under nourishment?

Response of Delegation

The delegation said the Government was determined to reform its health services both in towns and rural areas. The average life expectancy had been maintained at 71.9 for men and women.

There were only 600 AIDS sufferers in the country, the delegation said. In 2002, a National Strategic Plan to prevent HIV/AIDS had been put in place to determine a national policy and medical procedure.

A programme had been designed by the Government for 2001 to 2005 to combat the spread of tuberculosis in the country, the delegation said. The number of newly infected persons had dropped while the situation of patients had stabilized. Further measures had also been taken to fight the spread of tuberculosis in prisons. The increase in private clinics had also played a role in the reduction of the number of persons infected by tuberculosis.

On reproductive health and family planning, the delegation said the Government had set up 24 centres for that purpose, equipped with medical facilities. The Ministry of Health had also put a special programme in place. The Government enjoyed the good cooperation of non-governmental organizations in the field of health. At present, the rate of abortion had dropped.

The Constitution and the housing code provided for the right of people not to be evicted forcefully, the delegation said. No one was evicted without relocation; and in the case of illegal and enforced eviction, the victims had the right to make recourse to the appropriate courts.

The rate of infant mortality had dropped to 19 cases per thousand, the delegation said. The United Nations Children’s Fund (UNICEF) would carry out a survey next year to establish more detailed data on the issue.

Poverty was a problem that the Government was determined to eradicate, the delegation said. At present, the poverty line had decreased.

Concerning trafficking in persons, the delegation said that a national plan of action had been adopted on 26 May 2004 with the aim of combating trafficking in persons and organized crime. Since the plan was adopted, 22 persons had been convicted pertaining to organized crime while 168 cases had been presented to the judicial authorities on trafficking of persons. Medical and psychological assistance was provided to victims of trafficking in rehabilitation centres established for that purpose.

The Government had established an anti-drug committee headed by the Deputy Prime Minister to deal with illegal trade in drugs, the delegation said. Last year, 2,182 cases had been dealt with while this year, 2,042 crimes had been committed relating to narcotic trade. Over 50,000 tons of vegetation containing narcotic substances were destroyed each year.