COMMITTEE ON PROTECTION OF RIGHTS OF MIGRANT WORKERS HEARS RESPONSE OF AZERBAIJAN

The Committee on Migrant Workers this morning heard the response of Azerbaijan to questions raised by Committee Experts on the initial report of that country on how it is implementing the provisions of the International Convention on the Protection of All Migrant Workers and Members of Their Families.

Concluding responses to a series of questions raised by Committee members on 21 April in the morning, the delegation, which was led by Natiq Mammadov, Deputy Minister of Labour and Social Protection of the Population of Azerbaijan, said that regular studies carried out by the State Statistics Committee, trade unions, and research institutes showed that between 15 and 18 per cent of migrant workers were involved in the informal sector. A survey had been carried out among 18,000 households, and after that information had been reviewed they would present a report with a clearer picture. According to a study in 2008, there were 3,000 migrants working illegally in the country. However, more than 5,000 people had been legalized in the last two years. On 4 March 2009, the President had issued a decree to introduce the principle of a single window for the migration process, which would enter into force on 1 July. The goal was to streamline, simplify and speed up the process for regularizing the situation of migrants. The single window also helped in providing more statistics on legal and illegal migrants and more accountability, the delegation stressed. In 2008 alone the State Migration Service had had some 9,000 requests for extension of temporary residence permits.

Monitoring of labour legislation was carried out by the State Labour Inspectorate, the delegation said. In 2008 alone, as a result of the Labour Inspectorate's activities, employment was legalized for more than 90,000 people, including 2,000 migrants. Labour law also provided for occupational safety, health care and social security. In 2008, the State Labour Inspectorate considered 38 complaints by migrant workers regarding the violation of workers' rights. Regarding 32 migrant workers, with the participation of the Labour Inspectorate, their labour rights were reinstated.

Mehmet Sevim, the Committee Expert acting as Rapporteur for the report of Azerbaijan, in preliminary concluding observations, noted a number of positive developments, including the single window initiative, a new system for collecting data on migrants and the Migration Service. Concerns remained in the area of rights and benefits that irregular migrants enjoyed in Azerbaijan, as well as with regard to rights enjoyed by migrants in terms of unemployment, social security, work permits, education and others.

The Committee will submit its conclusions and recommendations on the report of Azerbaijan towards the end of the session on Friday, 1 May 2009.

As one of the 41 States parties to the Migrant Workers Convention, Azerbaijan is obliged to provide the Committee with periodic reports on the measures it has undertaken to protect migrant workers and their families.

When the Committee reconvenes at 3 p.m. this afternoon, it will hear the answers of Colombia to the questions posed by Experts yesterday afternoon.


Response of Azerbaijan

Continuing to respond to a series of questions raised by Committee Experts on 21 April, the delegation of Azerbaijan wished to highlight that, since the report had been submitted in February 2007, two years had passed and much had been accomplished. The President had promulgated a decree to establish the State migration programme 2006 to 2008, which had been very important for protecting the rights of migrants. It defined the measures and orientation of State migration policy for the country. It elaborated an effective State migration policy; it eliminated duplication; it worked towards collaboration with migration services of other countries; it sought to promote integration of foreigners living in Azerbaijan; and it sought to promulgate programmes to combat human trafficking. The standard setting and legal documents to implement those standards in regard to this migration programme had already been adopted. In particular, as part of the programme, on 19 March 2007, the President had issued a decree setting up the State Migration Service to, inter alia, extend temporary residence permits, determining the status of refugees and establishing measures to combat unlawful migration.

Regarding migrants in the informal sector, there were regular studies carried out by the State Statistics Committee, trade unions, and research institutes, which showed that between 15 and 18 per cent of migrant workers were involved in this sector. A survey had been carried out among 18,000 households, and after that information had been reviewed they would present a report with a clearer picture. According to a study in 2008, there were 3,000 migrants working illegally in the country. However, more than 5,000 people had been legalized in the last two years.

There were no limitations in legislation to migrant workers belonging to trade unions. However, concerning questions about the unionization of migrant workers working for transnational corporations, there were certain restrictions that such corporations put on union membership. This issue had been discussed at a trade unions meeting and the Confederation of Trade Unions was taking appropriate measures.

Monitoring of labour legislation was carried out by the State Labour Inspectorate. In 2008 alone, as a result of the Labour Inspectorate's activities, employment was legalized for more than 90,000 people, including 2,000 migrants. Labour law also provided for occupational safety, health care and social security. In 2008, the State Labour Inspectorate considered 38 complaints by migrant workers regarding the violation of workers' rights. Regarding 32 migrant workers, with the participation of the Labour Inspectorate, their labour rights were reinstated.

Regarding international instruments, Azerbaijan was a party to 56 International Labour Organization conventions, including all eight core conventions, and in 2004 it had ratified the revised European Social Charter.

With regard to the legal status of international treaties, the delegation said that only the President could approve such treaties. Once they were approved they became part of the legal system. If there was a contradiction between Azerbaijani legislation and the provisions in international treaties, international treaty law had precedence.

Concerning electoral rights, foreigners living in Azerbaijan for at least five years could participate in local elections, the delegation said. As for what might be the exceptional cases in which the law provided that migrants did not enjoy the same rights as citizens, the delegation said there were none as of now.

On trafficking in persons, Azerbaijan became a party to the United Nations Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, in May 2003. In accordance with that, in 2005, Azerbaijan adopted a law with regard to trafficking in persons, establishing criminal liability punished by prison terms of 5 to 15 years. Criminal liability had also been established for transporting undocumented persons and a specialized police service had been created to combat trafficking along with a national coordinator on trafficking in persons, who was also the Deputy Minister of the Interior.


Azerbaijan also had developed and implemented national plans of action to combat trafficking, the delegation said. The first, in 2004, had focused on strengthening prosecution for this type of offence, whereas a second plan of action, promulgated in February 2009, included measures for rehabilitation and reintegration of victims. A telephone helpline for victims had also been set up. Figures showed how intensive Azerbaijan's work had been in this area: in 2005, there had been 55 cases prosecuted; in 2007, 74 persons had been arrested; and in 2008, 105.

On cooperation between the Government and non-governmental organizations (NGOs), the delegation said great importance was attached to the development of civil society. In 2007 the President had confirmed the concept of State assistance to NGOs, with the goal of achieving a new closer working relationship. To do that, NGOs had been incorporated in spheres where they could provide concrete material and methodological assistance, such as with regard to the environment and disabled children. A council had been set up for State support for NGOs, which reported to the President, to evaluate projects suggested by NGOs, to select the best ones and then to provide material and logistical support.

Regarding the process for registering migrants, the delegation highlighted that, on 4 March 2009, the President had issued a decree to introduce the principle of a single window for the migration process. The decree would enter into force on 1 July. The goal was to streamline, simplify and speed up the process for regularizing the situation of migrants. To obtain a permit, a migrant needed a passport, a statement regarding why the application was being demanded, a health permit and a document verifying their current address.

The single window also helped in providing more statistics on legal and illegal migrants and more accountability, the delegation stressed. In 2008 alone the State Migration Service had had some 9,000 requests for extension of temporary residence permits.

In August 2008, the President had issued a decree to prohibit the establishment of a quota with regard to migration. So currently, there were no such limitations on migration to the country.

Regarding employment of Azerbaijanis abroad, under the Constitution, citizens were free to choose their place of residence and their type of employment. However, it was necessary for citizens to obtain a license or contract for work abroad. It was prohibited for payment to be taken for the provision of such a contract. Also, such labour contracts were reviewed and had to contain provisions assuring the rights of the workers.

As to when foreigners might not have the right to work, foreigners and stateless persons could not be recruited to work in executive government bodies, in the police or in the justice system.

Concerning limitations on movements of foreigners, there were no limitations on the place of residence or the place of work of foreigners except as provided for by law. Such legal limitations included frontier areas, military towns, ecologically unfavourable areas, places that were in a situation of war or conflict, and places where there were infectious diseases or poisons for which a legal regime had been established.

Illegal migrants had the same rights and freedoms as those enjoyed by the citizens of Azerbaijan and by legal migrants, the delegation confirmed.

Work was being carried out to develop a comprehensive database on migration, so as to better regulate and manage this area.

Questions by Committee Experts

MEHMET SEVIM, the Committee Expert acting as Rapporteur for the Report of Azerbaijan, said the information provided by the delegation was in some cases different from that in the report. For example, the report said that illegal migrants did not share all the same rights as legal migrants, whereas today he had heard the opposite. He would appreciate some clarification.

Regarding the status of international treaties in domestic law, Mr. Sevim asked if courts could directly invoke the provisions of the Convention in deciding cases?

Mr. Sevim said he understood from the delegation's remarks today that foreigners who had resided in Azerbaijan for five years had the right to vote in municipal elections. He was confused because, apparently, they had the right to vote but not the right to work (i.e. because work permits were only issued for one-year periods and could only be renewed four times)?

Mr. Sevim also wondered how Azerbaijan cooperated on global migration issues.

Other Experts then asked a number of questions. With regard to the State Migration Service, an Expert asked what machinery was in place to ensure its coordination with other State agencies? He had also heard that the Migration Service was responsible for cooperation with parallel agencies in other countries and he asked for more information on such bilateral or regional cooperation.

An Expert was concerned about the effect of the global economic downturn on migrant workers and migration flows and asked how the Government was contemplating to deal with possible consequences, such as a large scale return of Azerbaijan migrants from abroad.

With regard to obtaining permission to work abroad, an Expert was still unclear if this required any form of payment and asked for clarification. With regard to work permits for migrants in Azerbaijan, they had heard that the permits were for a term of one year and that they could be renewed four times. What happened after that?

An Expert was concerned about reports that 90 per cent of the migrant workers in Azerbaijan were undocumented, among other reasons, because the procedure for getting a labour permit was difficult. What access did such persons have to social services?

Regarding strengthening of legislation on trafficking, an Expert felt that the many structures and plans elaborated to deal with the problem appeared, statistically, to be targeted at a minimal phenomenon. Was it that the problem was large, but only a few cases were actually being prosecuted?

On the single window to deal with migration issues, were those offices set up throughout all over the country? And were such "single window" options available for Azerbaijani migrants returning to the country?

Response by Delegation

Responding to additional questions raised, with regard to social services for illegal migrants, the delegation said that legal migrants had the rights equivalent to those of Azerbaijani citizens except as regarded pension schemes. Azerbaijan's position was that, while individuals could make their own choices, the best social protection for illegal migrants was the regularization and the legalization of their situation. For that reason, the Government was working hard to regularize the situation of such migrants, and through consular contacts, through active work with potential sending countries such as China and the Philippines.

Children of foreigners and stateless persons all had the right to education. There was no difference in this area between legal or illegal migrants or citizens.

Regarding the global economic crisis and its effect on migration issues, the delegation said that steady economic growth in Azerbaijan over the past few decades had opened a number of possibilities. While there had been a sharp rise in unemployment in other countries, in the first quarter of this year unemployment in Azerbaijan rose by only one half a per cent. Moreover, production continued to go up, with a 14 per cent rise for the first quarter of the year as compared with 2008. Azerbaijanis who intended to return did not really come up against problems in finding work or any other social impact. Moreover, Azerbaijan regularly conducted information exchanges with countries where there were large concentrations of Azerbaijani migrants, in Russia, in Turkey and others, and as far as they could see there had not been any particular rise in returns. Basically, they did not foresee any particular risks of a large return.


With respect to concern that there was a multiplicity of anti-trafficking tools and few results, the delegation agreed that, in the face of a lack of statistics it looked as if Azerbaijan were fighting human trafficking in a vacuum. But in truth, over the past few years a number of important networks had been dismantled. In addition, as Azerbaijan had become a party to a number of international instruments in this area it had been forced to set up a number of mechanisms.

On the status of international agreements, the delegation confirmed that the provisions of international treaties could and must be invoked by the courts. A good example was the regulation of residence permits. They did not specify permission for anyone other than the migrant worker, but, by extension from the Convention and its provisions with regard to family reunification, such permits were held to cover the members of the workers' families.

Foreigners who had lived for not less than five years in Azerbaijan had the right to participate in municipal elections only if the State in which they came from granted reciprocal rights to migrant workers in their countries. In addition, it was only a voting right. Foreigners did not have the right to stand for elections.

Regarding a figure of 90 per cent of migrant workers being undocumented, the delegation could only think that had to be a mistaken quotation. They recalled again that in 2008 the Labour Inspectorate had legalized 90,000 persons, including 3,000 migrants.

Answers to other questions put by Experts and not answered today would be sent to the Committee later in the form of written replies, the delegation said.

The delegation confirmed that no money had to be paid to obtain an authorization to work abroad and it was also clearly stated that intermediary agencies or persons who placed workers abroad did not have the right to receive payment.

After the four extensions of the work permit, that is, after five years, that person then had to leave the country for one year, the delegation said. After a year spent abroad they could again get a job in Azerbaijan.

As for the political rights of Azerbaijani migrants abroad, they retained all their political rights, the delegation confirmed. The diplomatic representatives at the consulates where Azerbaijani citizens were resident abroad had to provide services for those citizens to allow them to vote and participate in elections.

The State Migration Service actively collaborated with international migration organizations, including the United Nations Refugee Agency, the International Organization for Migration, the Council of Europe, and other European Union organizations. It also had bilateral agreements with Germany, the Netherlands, Russia and other countries from the Commonwealth of Independent States and elsewhere.

The single window option did cover the whole of the Republic and would be implemented as of 1 July this year.

As for concerns about harmonization of migration law with the Convention, the delegation noted that Azerbaijan was currently elaborating a new migration code, which would bring all the provisions of the Convention into national legislation.

Preliminary Concluding Observations

MEHMET SEVIM, the Committee Expert acting as Rapporteur for the Report of Azerbaijan, providing preliminary concluding observations, said they had had a very fruitful discussion over the past two days and had received much new information. Now, many questions that had been raised on the report had been clarified.

Due to political developments and economic stability Azerbaijan was now a receiving country of migrants, as well as a sending and a transit country for migrants.


In its concluding observations, the Committee would certainly note a number of positive developments, including the single window initiative, a new system for collecting data on migrants, and the Migration Service. There had also been a number of important developments with regard to legislation in this area.

With regard to concerns, while Mr. Sevim had heard that irregular and regular migrants had the same rights as citizens, it was not clear that they could benefit from all of the rights and benefits set out in part three of the Convention. There were concerns with regard to unemployment, social security, work permits, education and others. There had also been some questions with regard to the status of international conventions in domestic law.

Mr. Sevim concluded by saying it was good to hear that Azerbaijan intended to join a number of other international conventions, including the ILO convention on migrant workers.


For use of the information media; not an official record



CMW09006E