COMMITTEE ON PROTECTION OF RIGHTS OF MIGRANT WORKERS STARTS ITS CONSIDERATION OF THE INITIAL REPORT OF AZERBAIJAN

Committee on Rights of Migrant Workers
21 April 2009


The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families this morning started its consideration of the initial report of Azerbaijan on its implementation of the provisions of the International Convention on the Protection of All Migrant Workers and Members of Their Families.

Presenting the report, Natiq Mammadov, Deputy Minister of Labour and Social Protection of the Population of Azerbaijan, said that in order to improve the regulation of migration, the Government had recently created a State migration service, which had the task to forecast migration trends and to regulate migration. Every person residing on the territory was guaranteed liberty and security. Working foreigners enjoyed the same rights as citizens, unless treaties to which Azerbaijan was a party to provided for otherwise. Migrant workers had the right to receive a pension for the time they had worked in the country. Further, seasonal foreign workers and those hired for special purposes were also recognized as migrant workers and enjoyed the same rights as foreign workers. Migrant workers and their families had the right to receive free first aid and medical healthcare, just as Azerbaijani citizens. Migrants entering illegally in the country were considered as illegal migrants and could be arrested, warned and expelled.

Mr. Mammadov also noted that 20 per cent of the Azerbaijani territory was occupied by Armenia. Through the policy of ethnic cleansing undertaken by the Armenians, the rest of the territory saw a large number of internally displaced persons stemming from the region. This situation affected the country’s ability to fully implement the Convention. The occupied region was home to terrorist activities and to human trafficking for the sale of organs.

Experts raised questions concerning the issue of the status of Chechen refugees in Azerbajain, as well as the status of internally displaced persons, stemming from the occupation of Armenia. Other issues included the right to form trade unions, and the status of illegal and undocumented migrants, and how the Government dealt with such cases. With regard to benefits in social welfare, what were the differences between an Azerbaijani with a foreign working contract and an Azerbaijani working in Azerbaijan. Concerning the fact that there had not been a single complaint of a violation of a migrant’s right, how could this be interpreted as the fact that there really was no problem in the country?

Also in the delegation were representatives of the Permanent Mission of Azerbaijan to the United Nations Office at Geneva, the Apparatus of the President, the State Migration Service, the State Border Service, the Ministry of Foreign Affairs and the Ministry of Labour and Social Protection of the Population.


When the Committee meets this afternoon at 3 p.m., it will start its consideration of the initial report of Colombia. The Committee will resume its consideration of the initial report of Azerbaijan on Wednesday 22 April 2009 at 10 a.m.


Report of Azerbaijan

The initial report of Azerbaijan (CMW/C/AZE/1) says that the country’s migration policy is guided by the principle that discrimination on grounds of race, sex, religion, citizenship, age, political opinions or membership of any social group is not tolerated. At present, labour migration in Azerbaijan is growing. While Azerbaijani citizens are migrating abroad to work, foreigners are also migrating to Azerbaijan to work. Azerbaijani citizens migrated abroad on a large scale owing to the political and economic crisis which arose at the end of the 1980s and the beginning of the 1990s, the fact that some 1 million persons became refugees or were displaced as a result of the occupation of 20 per cent of Azerbaijani territory by Armenia, and the drop in demand in a number of occupations caused by the transition to new socio-economic relations. This is now no longer the case, and the country is witnessing the return of citizens who had left the country and a rise in the number of foreigners arriving in Azerbaijan. The main reason for the reduction in migration abroad by Azerbaijani citizens is the rapid economic growth in the country and the rise in the standard of living.

A superficial analysis of labour migration shows that the main destinations of Azerbaijani manpower are the Russian Federation, Turkey, Ukraine, the United Arab Emirates, Germany and other western European countries. The largest numbers of Azerbaijani migrant workers are to be found in the Russian Federation. The fact that Azerbaijan is carrying out large-scale international oil exploration and oil transport projects, its socio-political and macroeconomic stability, the creation of a favourable climate for business and foreign investment, and the dynamic growth of the economy, are the main factors involved in increased migration by foreigners to Azerbaijan. Given the current rate of economic development and the socio-political stability in the country, the flow of migrants to Azerbaijan is expected to grow in the coming years.

Under the Constitution of Azerbaijan, foreigners and stateless persons have the right to enter Azerbaijan and live and work in Azerbaijan freely. Every foreigner or stateless person who has reached the age of 18 and is able to work has the right to engage in paid employment in Azerbaijan. Discrimination of all kinds against migrant workers is prohibited by domestic legislation. Migrant workers whose rights have been violated have the right to bring the matter to the attention of the courts or law enforcement agencies. Social welfare for migrant workers is provided in a manner identical to that for Azerbaijani citizens, with the exception of pension provision. Azerbaijani legislation does not impose any restrictions on the remittance of migrant workers’ earnings to their countries of origin. Double taxation of migrant workers is also prohibited.

Presentation of Report

Natiq Mammadov, Deputy Minister of Labour and Social Protection of the Population, introducing the initial report of Azerbaijan, said that Azerbaijan recognized the primacy of human rights as well as their invisibility. Their legislation was constantly improving to raise it to the level of international standards. It was the highest aim of the State to ensure all human rights to its citizens, in full compliance with international standards and regulations.

As a result of a referendum conducted in 2009, the Constitution of Azerbaijan had changed to include several rights, such as the right to receive information and the right to religious freedom. Azerbaijan also had a national plan and programme for human rights. Eight of the nine international conventions for human rights had been signed by Azerbaijan. It was also one of the first members of the Human Rights Council which had participated in the reform of the human rights system, including the creation of the Human Rights Council and the Universal Periodic Review, noted Mr. Mammadov.

Further, Azerbaijan also recognized the competence of human rights bodies to receive communications from individuals, said Mr. Mammadov. In today’s world, the resolution of the problem of migration and the protection of migrants was important. Regulation of migration processes in line with international standards was one of the priorities of his country. The full protection of migrant workers, their families, as well as the protection of Azerbaijani migrants abroad was also important.

Mr. Mammadov also noted that migrants that had left Azerbaijan over the last 20 years, due to the economic situation there, were now returning to the country, due to an increase of the economic stability of the country. In Azerbaijan, foreign nationals were mainly working in transport, trade and services. On 1 April 2009, some 4,000 foreigners had received work permits, the majority of whom were Turks. The Government also expected that in the coming years, more foreigners from the Commonwealth of Independent States and Turkey would migrate to Azerbaijan. The State was thus reviewing its migration policies in order to address this future wave of migration and to ensure the full protection of migrant workers’ rights.

In order to improve the regulation of migration, the Government of Azerbaijan had recently created a State migration service, which had the task to forecast migration trends and to regulate migration. A system of biometric identification was adopted to combat illegal migration. A presidential decree had made this migration service as the one and sole body that could tackle and regulate all the migration issues, said Mr. Mammadov.

The State migration service was currently preparing a website and plan, which would have all application forms and necessary documents online for the issuance of permits and documents. Electronic applications from foreigners would also soon be made possible. As of 13 April 2009, Mr. Mammadov said that they had begun a census of the Azerbaijani population, in order to get an accurate number of foreigners and stateless persons living in Azerbaijan.

In order to ensure the protection of migrant workers and their families, Azerbaijan had signed several agreements with different countries. In 2006, 1,500 Azerbaijani citizens had been deported from the Russian Federation for irregularities; this number had now fallen down to 9 last year, thanks to the collaboration with the Russian authorities, noted Mr. Mammadov.

Labour migration was being regulated by the Azerbaijani Constitution, said Mr. Mammadov. The Azerbaijani Labour Code also offered guidance on how to fight human trafficking. In accordance with the Constitution, international agreements and conventions to which Azerbaijan was a party were an inalienable part of their Constitution. When there was a conflict between the Azerbaijani legislation and international agreements and conventions to which Azerbaijan was a party, it was the international agreements that took precedence.

In December 2008, the Azerbaijani Government had held a roundtable on the rights and protection of migrant workers. Several parties had participated in the roundtable, said Mr. Mammadov, including representatives of civil society. Further, the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families was freely accessible on the website of the Azerbaijani Government. The Convention was also used in the training of judges, lawyers and law enforcement officers.

Foreigners were issued a work permit which had a duration of one year. This document could be renewed four times. The application had to be sent by the employer. Foreigners already residing in the country for another reason could also apply for a work permit. Under the Azerbaijani Constitution, the State guaranteed equality to all. Every person residing on the territory was guaranteed liberty and security. Working foreigners enjoyed the same rights as citizens, unless treaties to which Azerbaijan was a party provided for otherwise. Migrant workers had the right to receive a pension for the time they had worked in the country, said Mr. Mammadov. Further, seasonal foreign workers and those hired for special purposes were also recognized as migrant workers and enjoyed the same rights as foreign workers.

Migrant workers and their families had the right to receive free first aid and medical healthcare, just as Azerbaijani citizens. Further, Mr. Mammadov noted that, under the law of culture, migrant workers had the right to participate in cultural life.

Migrants entering illegally in the country were considered as illegal migrants and could be arrested, warned and expelled. A decision of expulsion was taken by the Ministry of Interior, the State migration service and other services. Illegal migrants were held in migration centres, until a final decision on their status was taken. An expulsion decision could be appealed upon in a court. So far, there had not been a single case of deportation of foreigners from Azerbaijan, noted Mr. Mammadov.

Victims of trafficking were not expelled. Children that had been victims of trafficking were returned to their family or their country of origin, if there was no risk for the child to fall victim of trafficking again. If victims of trafficking wished to return to their country they were helped by Azerbaijan to do so.

Every Azerbaijani citizen who had reached the age of 18 was entitled to seek work abroad independently, or through a legal body. Azerbaijanis working abroad were registered at the Consulate Services which provided assistance and information relating to their rights. The Azerbaijani law did not provide for any limitations of time for Azerbaijanis working aboard, said Mr. Mammadov.

Mr. Mammadov further noted that 20 per cent of the Azerbaijani territory was occupied by Armenia. Through the policy of ethnic cleansing undertaken by the Armenians, the rest of the territory saw a large number of internally displaced persons stemming from the region. This situation was affecting the country’s ability to fully implement the Convention. The occupied region was home to terrorist activities and to human trafficking for the sale of organs.

The United Nations Security Council had condemned in 1993 the occupation of the Azerbaijani territory by Armenia and had demanded the immediate cessation of hostilities as well as the immediate and complete withdrawal of the occupying forces. The General Assembly had also adopted a resolution requiring the immediate withdrawal of Armenian armed forces from the Azerbaijani territory. Despite all of this, the Armenian forces continued to occupy the territory, with total disregard of the abovementioned resolutions.

Questions by Experts

MEHMET SEVIM, the Committee Expert acting as Rapporteur for the Report of Azerbaijan, noted that Azerbaijan had been a migrant’s “sending” country during a very long period of time, also due to the occupation of the country by Armenia. Nowadays, Azerbaijan was starting to receive migrants. This showed that migration was a very flexible phenomenon.

Turning to various issues, Mr. Sevim noted that Azerbaijan had not ratified several important International Labour Organization conventions which protected migrant workers, namely conventions 97, 118 and 143. Other important regional tools such as some of the European conventions protecting migrant workers had not been ratified by Azerbaijan and he advised Azerbaijan to move towards the adoption of those additional tools.

With regards the report of the country, Mr. Sevim underscored that it lacked information and it had been difficult for the Committee to fully understand the situation of migrants in Azerbaijan. Also the figures of migrant workers included in the report were not the same as the figures that the Committee had received from other sources.

Mr. Sevim wondered whether migrants coming from the Azerbaijani community residing in Georgia were considered as foreigners or as nationals by the Azerbaijani authorities. Also, the report did not contain any information on slavery and forced labour.

On freedom of thought and freedom of religion, he noted that the Azerbaijani Convention said that religions were equal before the law and also that freedom of faith prohibited the conducting of religion propaganda. Mr. Sevim however wondered whether the prohibition of religious propaganda could violate Article 12 of the Convention.

On the right to form trade unions, Mr. Sevim noted that a committee of experts of the International Labour Organization had raised in 2001 the fact that only in a few multinational enterprises in Azerbaijan had workers been able to create work unions. Could the delegation elaborate on this?

On procedural guarantees, legal protections as well as legal assistance offered to victims of trafficking, Mr. Sevim said that it could be good if the delegation could indicate whether these rights and guarantees also extended to irregular and undocumented migrant workers.

On the right to social security, Mr. Sevim asked whether undocumented migrant workers and members of their families could also enjoy the same protection. Concerning the right to be informed and the dissemination of the Convention, he noted that application forms should be provided in official languages and especially in the languages of countries of origin. Was this the case in Azerbaijan?

Experts then asked a number of questions and raised various issues. On the specific programme for the protection of migrants that had been implemented by the Government, one Expert asked what Azerbaijan had done in this regard to promote the Convention. Also, work permits appeared to be essential to be registered as a migrant worker in Azerbaijan. Was a foreign work permit also required for an Azerbaijani who wanted to work abroad? Was the issuance of a work permit free of charge? What reason could be given for the refusal of renewal of a work permit?

Another Expert noted that the delegation had said that migrants enjoyed the same rights as citizens, unless the law provided for otherwise. What were the cases where the law provided otherwise? With regard to benefits in social welfare, what were the differences between an Azerbaijani with a foreign working contract and an Azerbaijani working in Azerbaijan.

With regards to the Chechens residing in Azerbaijan, one Expert asked if they were considered as migrants or as refugees. Did they have the right to work and if yes, under which legal regime were they treated?

One Expert said that it was interesting to see that it was the Ministry of Labour that was dealing with the issue of migrants in Azerbaijan and not the Ministry of Interior, as was the case in several other countries. Concerning the fact that there had not been a single complaint of a violation of a migrant’s right, how could this be interpreted as a fact that there really was no problem in the country?

Another Expert asked whether the delegation could give examples of their best practices in the work the Government had undertaken in the promotion of religious freedom and religious harmony?

On the matter of ethnic cleansing and the occupation by Armenia, one Expert commended Azerbaijan for the treatment they offered to all of the refugees in the whole region. However, recently during a session of the Universal Periodic Review Armenia had alleged racist or xenophobic practices by Azerbaijan. What did the delegation answer to this?

Among other questions asked by Experts were: what was the time scale for the issuance of documents and work permits? What was needed to apply and to be accepted as a migrant worker? Who was empowered to withdraw the work permit of an individual? What was the procedure? Did it include procedures to avoid any abuses? Was it possible for a migrant worker to seek alternative employment when his contract was cancelled by his employer? What happened if an employer did not have the resources to pay for the repatriation of a worker whose working contract was cancelled?

On trafficking what happened to a victim of trafficking whose expulsion order was suspended for one year? What happened after that one year had passed, wondered another Expert.

On irregular migration, what were the processes involved when an undocumented alien was detained? For how long were they detained? What was the role of consulates in this regard, asked an Expert.

On trafficking, one Expert paid tribute to the progress made by Azerbaijan in its fight against trafficking. What measures and efforts had been further undertaken to investigate the cases and to prosecute perpetrators of trafficking?

On the cooperation with non-governmental organizations during the preparation of the report, one Expert asked how it had been organized and if non-governmental organizations supported what had been stated in the report. Concerning the institutions, how did all the different services, such as border and police services coordinate in the area of migration?

Response by Delegation

Answering the various questions of the Committee, the delegation said that there were certain rules that regulated the conferring of a migrant status to a stateless person. Further, a specialized center had been set up for the holding of unlawful migrants.

According to the Azerbaijani Labour law, the authorization of work could be extended to several professions, among others to persons currently undertaking entrepreneurial activity, persons working in diplomatic missions and consulates, persons working for international organizations, accredited media workers, sportsmen and artistic workers, professors and teachers invited to give lectures to universities as well as persons conducting scientific research.

Turning to other questions, the delegation said that, on the status of Chechens, there were some 10,000 Chechens living in Azerbaijan, as well as 700 Afghans and refugees from other countries. These were refugees and were not working and were dealt with by the United Nations High Commissioner for Refugees.

Internally displaced persons that had resulted from the ethnic cleansing by Armenia also had the status of refugees. The Azerbaijan Government had set up a new body for settling migration, which was now also looking after Afghan and Pakistani refugees.

On unregulated migrants, the delegation said the State migration service was dealing with the issue. The body had been given an additional authority a month ago and was now the dealing agency in the matter of migration. On the detention of illegal migrants, the delegation indicated that Azerbaijan was very tolerant to the presence of a great number of illegal migrants on its territory. If one illegal migrant was discovered, the first move was to check whether he had filed an application or not. If not, he was offered the possibility to leave the country voluntarily or to voluntarily move to a migration center. Illegal migrants were not held together with criminals and were only held for 24 hours. It was only through a court decision that a person could be held for a longer period than 24 hours. In 2008, 33 people had been expelled from Azerbaijan. Other measures used were also warning or the issuance of fines. Warning consisted of informing the illegal migrants that they had to legalize their situation.

Turning to religious tolerance, the delegation indicated that it was one of the major features characterising the Azerbaijani society. Religion was separated from the State. The religious majority was composed of Muslims, but there were several other religions present in the country. In 2002, the pope John-Paul II had visited Azerbaijan and had praised the country for its religious freedom. A Jewish community had also been present in Azerbaijan since centuries.

Concerning the propaganda of religion, it was not allowed, and was not provided by the Convention, noted the delegation, as Article 12 stated that the manifestation of belief was subject to the limitations prescribed by law and the necessity to protect public safety.

Concerning the internally displaced persons stemming from the Armenian occupation, the delegation noted that they were considered as Azerbaijani citizens. The Government had done its utmost possible to alleviate the suffering of these people and last year the last refugee camp had been closed and the displaced were now living in newly constructed homes. But the delegation underscored that this should not prevent this community from going back to their homes. Over the last years, the Government had taken over the work of the United Nations High Commissioner on Refugees and had become the major donor.

Concerning other instruments, the delegation noted that they were considering signing the European Social Charter and other International Labour Organization conventions to which Azerbaijan was not yet a party.

Turning to the issue of migrants coming from Georgia, the delegation said that the same rules applied to them as those that applied to all other foreign migrants.

Concerning the allegation made by Armenia in the Universal Periodic Review, the delegation noted that Armenia’s statement had been ruled as being out of order during the process. Also, as they were still in the implementation of the peace process, this issue could not be discussed for the moment.
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